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THE CARE AND USE OF THE COUNTY 
ARCHIVES OF CALIFORNIA 


By OWEN C. COY, Ph.D., 


Director and Archivist 


Publication of the 


CALIFORNIA HISTORICAL SURVEY COMMISSION 


CALLPORNEN: SPV PRINTING OFERTICE 
SACRAMENTO 


COPYRIGHT 
By Owen C. Coy 


1919 


- recs a? ~ ‘a> iano 
bye ( Nee! OF CARIFORNIA 


BaWiA LaligARA COLLEGE LIBRARY 


LETTER OF TRANSMITTAL. 


To His Excellency, 
WituiamM D. STEPHENS, Governor, 


Sacramento, California. 


Sir: Herewith is presented a treatise on The Care and Use of the 
County Archives of Califorma. This reprint from the Guide to the 
County Archives is issued in the belief that by a wider circulation of 
the observations and sugeestions herein set forth the importance of the 
local archives may be more generally recognized and their care and 
safety be given more careful consideration. 

Respectfully submitted. 
CALIFORNIA HISTORICAL SURVEY COMMISSION, 
Joun F. Davis, Chairman. 
HERBERT E. Bouton. 
Epwarp A. DIcKson. 


Sacramento. California, November 15, 1919. 


€ 3h) 


PREFACE 


The study here presented is a reprint of Part I of the Guide to the 
County Archives of California, It is issued as a separate publication 
in the belief that it may prove useful as a handbook dealing with the 
care, safety, and use of the county archives. In its preparation two 
distinet objects have been kept in mind: First, the consideration of the 
care and safety of the archives of the state; and second, a general 
description of the records of the county officials, giving a statement of 
what they contain and suggestions as to their value to the investigator. 

In so far as is known this is the first time an attempt has been made 
to provide an historical summary of the laws dealing with the local 
records of California together with a eritical study of their contents 
and condition. The main object has been to prepare for Jaymen 
desiring to make use of these records a brief account of their history 
and content. It is also believed that it may be found useful to publie 
record keepers when dealing with older records. Tn all cases explicit 
references to statutes and code sections make possible a more complete 
study of the laws dealing with the archives in question. Since the 
activities of government can be determined most advantageously by 
studying the records maintained by the various departments and 
officials, it is probable that as a handbook it may also prove useful to 
teachers of political science and local government. 

The larger volume for which this treatise was originally prepared as 
ain introduction contains. In addition, lists of records found in the 
Various counties of the state. The archives there listed are those of the 
clerk, recorder, superintendent of schools. and the four fiscal officials— 
the auditor, treasurer, assessor, and tax collector. The first two of these 
are by far the most important as regards both historical and adminis- 
trative value. They are therefore, as a rule, more accessible and better 
cared for than the records of the other officers. 

In the preparation of this work an effort has been made to observe 
carefully the inanner in which the records are eared for as well as to 


investigate the kinds of materials used in the records themselves. The 
results show that less than one-third of the counties have provided for 
their records buildings adequately safe from the danger of fire. while, 


on the other hand. far too many are veritable firetraps. Paper and ink 
are often used without due consideration as to their permanent quality. 
Furthermore. the very prevalent custom of classine as “‘junk’’ all 


srecords whose administrative or historical value is not readily obvious 
to the official has resulted in casting aside these records into places 


as (Cae 


Where they soon become prey to destructive elements. This treatise is 
presented in the hope that by calling attention to these conditions the 
safety of the records may be more carefully conserved. 

In the course of his work the author has received assistance and 
Cheouragement from many people. Much is due Professor Herbert E. 
Solton of the Tistorical Survey Comunission. whose advice and encour- 
agement have been of unfailing value. <A great deal has been obtained 
from the published reports of the Public Archive Commission of the 
Minerican Historical Association and from the reports of commissions 
on history and archives in other states. especially those of Massachusetts 
and [linois. The kindly spirit of co-operation shown by county officials 
and the assistance rendered by those in charge of the Bancroft Collee- 
tion, the Boalt Hall Library and the main library at the University of 
California, as well as the State Library at Sacramento, can not be 
passed without a word of appreciation. Mention should also be made 
of those who. with the author, have been active in the service of the 
Commission, Among those much is due Mr. Ralph S. Kuykendall, 
Whose assistance in field work, as well as in the study of archive legis- 
lation, has made his advice and criticism most valuable; and Miss 
Hazel R. Bell, who in a secretarial capacity has been of indispensable 
help in cheeking up references and in proof reading. 

Owen C. Coy; 

Berkeley, California, November 15, 1919, 


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TABLE OF CONTENTS 


Wii eR fata i dh es Se Oo 2 ene bs em eta Sees See aa iaesa 2 


nen Git ABBREYTATIONS. 522.5 shale, Se Ee) Pe ete ay We Spohn | eyes meee eee yee st VN viii 


THE CARE AND USE OF COUNTY ARCHIVES. 


eet ar <A en eee ee ee Ean es Se Ge eee Ha . 
hie practical value of archive study...<-.----s- oy Foe pak a cet a ee I es ees 2 
The housing of public records_.+.-+._.--~---=-~----=—- ==+~--=3-<-54=-<==== 4 
Daten igiowtse, diy Pecend: Wein ee ee ee oe eh tee as oa ee aene= 6 
Demearnt onecrvaimioNs 2 cc oo OA tL Lek Oe eek ee ee Se Se Ee en See tone ey ee ee 10 

Sg ER PAO N al ee a a i oe racy eh en bee eat eee aed ae eS 
Genera prO vIOINS oc ca ee eee oe We tet a ea Se a es ea Lo 
nPe WEPOraey Jac Sle hee RS pee eS oe Seah fyi ee Sf 25S. 3 16 

Pistoryy and creanimetion of \te, eourts 1 ..--.-24-4 2-2 2e-as5a55e5= ih ndeeg SD 
eet TSEC Waele oP MOO Cites oS ak ais oe ie Se Reh aa SG eee thats a FE ica pee 20 
SUPeOVIsOrs BeGHras. 2... SRI allen OTe Lee, SRE Sat SP ee Ns ee 24 
PAGeI MEY, MUR. SO Wel Se ec Sete wae SPR es OS gel oe, 2 ot, © 2 
Description of the: records... .-_ pee Soha, Sep eerste tie Rags eat inc eta 2% 
MISSOLeIseOUS TECOTAS a2 50. oo soe oO Ss ee re ee ae ee ee 
Office routine and general duties__. - Be greener ed eS ee Oe oe ae 
Pe ARTI AUT a dee Se ee Sa age! ES EPR Se, a RgE GaP ae a ba i cess anaes ire dee Ki 
ROSIstPaionm © 2 eek Se cd RE, er eae a a, hse ee ee ok ee, ee Nas We Se pe 
Tb ea oe i Rs Ps Be fe BE ri ae fads eat t eee aaa ae 
Dero ear uc Mea tit od ee ee eee SE aren Peso Ss: 
Periginen = Lo tivate Diusiness CONCSTNSs—-.— nese cee Sed oe te a ee ee 
relating to. ether  ohicere_$=_ +. Se Pe ee Ly ne OM ene ee Se ee et ee ee 

CrNGe MU EP ts es es ke cet is es toe ee 5 ee ee os Sen eee Do ds 3 46 
PATA TATUNG LOE or we ee os eh cea hee ese tes ee eee ae 
Fame eee CCI. PEAS NIULES § on Enea ae ttl eee es ed a a cy ak eect eae J Es 
eee Pe Ie I PILE Wa Mee te = eh el Sosa eae bbe teers AO 

Neinisition. of origimal tithéc.-. oe Sg cer ine ©. ee See ee ay 
Pmehe tl: Ay heh CinapPadEce OF, Tite. ee each Sn ee ane 
Miceli. DLODeree. TOONS ie ee koe Sea Se FD NAS re, SS 3 
CGD SCS Wiis vt ac GO ae! SG ae, ie SaaS ere a Ses a = eae Ap CS ae Aen eG ree eee Swecihhs eed 66 
Be IM ecco ines Mee Te ee the ae ee Sig eo Se oe eae a eee 

‘Titi achOh: AND Isc at Orrricgrars eran SOROS i oe x eal Pa e ae ee Sar 
Ae ee bet “OT OMOOI os ki ee Ee een eet Re 
BN SWE ee Ln Na = a a eS On — a a ate Allee ee etme eens er ee Soda 

SE RIR eM RMN a: eee Sa ook ek ee ee id Sik oa nc ee: oF ee 
Raia AO t NS Seals ee es lee ot et Se ee ee ieee. 
FIVE OMESURSOM. saat Sec OE Se Re ee ee ee ot nee, LE A Pgh ee ee 85 
AIS A OS ORF GLO] ho SLO h eee al tee ee, Pe Re NSS vga a nes gat eet 2s) Se a ae SLE HSH 
SCL 2 AION Fe hay Sealy OPN wi te ee ee eee pi ee ee ase ge = Le 


LIST OF ABBREVIATIONS 


, 


or Soot ee Me pe erer eens ee : 
y LON: Sa ee ee eee te ee ~-no date 
42) 6 ae aa a a ae ae Ra rad general 
: POVi St beech sae ee Sees sass revised 
; G@epls 22 stceseseseopeo ast see department 
Nihte. crea cnesoearcanae shes ea statutes : 
anidtsy 222 522s55a555 aa ae amendinents : 
Diy Die passe pat ats eee Ssa= page, oF pages j 
UAE Ol. eae cena wom seas volume . : i 
fel hie oe ee ce Political Code i 
i ie | ee ee em me ace Civil Code 2 ae 
Pen. Code <n -=- aua+-----Penal Code oy 


¥ 


Code Civ, Proc..__._s-.---=. Code Civil Propedine 


THE CARE OF ARCHIVES 


THE IMPORTANCE OF ARCHIVES 


Even as the fabric of modern civilization is built upon the founda- 
tion of past generations, so both the security of its institutions and 
the means of further progress depend in a vital manner upon the 
safety and accuracy of its records. In these Western States, so re- 
cently the frontier of civilization, the importance of this fact may not 
at first be evident. In European countries, on the other hand, it 
has been long recognized as a matter of great importance that the 
public records be properly preserved, both for administrative and 
historical reasons. 

That the loeal public archives are an indispensable souree to the 
historian is readily apparent to one familiar with that field. For, 
notwithstanding the other sources of information available to the 
research worker, he must turn to the pubhe records for a large part of 
the facts around which he will seek to reconstruct the past. No 
adequate history of the development of the State of California can 
ever be written that is not based upon a more or less intimate knowl- 
edee of the great mass of information found in its loeal archives. 
From them is to be obtained first-hand information showing how the 
pioneer gold-seekers established their government and meted out 
sunnnary punishment in their local courts; how in their efforts to find 
wealth and establish homes they explored remote regions and founded 
Hourishing cities; and how slavery, although strictly forbidden by the 
constitution of the state, was allowed to exist for many years. They 
give in detail the story of the building of roads, the establishment of 
schools, the foundine of churches and fraternal organizations; the 
erowth of wealth and industry into the great eurrent of modern life. 
Pioneer reminiscences and memoirs have real merit but must be 
cheeked with iore trustworthy matemal; contemporaneous letters, 
diaries and newspapers are very valuable. but even these may be 
unrelable on account of personal prejudice or incomplete knowledge. 
The public archives, on the other hand. contain a vast supply of infor- 


a 


imation which, on account of its official character, has been eathered or 
q7 


compiled with more regard for accuracy than is the case with much 
-other material, 

To be sure. the supply of facts to be obtained from the archives is 
not inexhaustible and upon many subjeets may be quite limited, and 
vef one is surprised to discover that data recorded for one purpose 
may prove most helpful in throwine leht upon some question seem- 
invly entirely foreign to the original objeet. as for example. the use 


241210 


ae COUNTY ARCLIVES OF CALIFORNIA, 


of election returus and records of school attendance to indicate 
tive growth and distribution of population. Tn similar manner the- 
records of tnarriages, court procecdings, trausters of property, cen 
reporis and cleetion returns, as well as many other record boo 
contain an eae! = facts whieh ean | not he aa elsewhere. Te 


Many of the records are veritable ines of See and > 
tered through the archives are frequently found books or documents 
whose unique charneter qark them as possessing unusual valu 
Ationg these sheuld be ientioned the Spanish archives at Sal 
Santa Cruz. Los Angeles, San Predneisco and elsewhere: the alea 
dockets ina large nninber of counties: the volime of Larkin pap 
in Monterey County archives: the many records of Spanish and Me 
ean land grants: as well as numerous scattering doctunents show 
evidences of Negro and Indian slavery. i 


THE PRACTICAL VALUE OF ARCHIVE STUDY 


Value to Keepers of Records. The study of archive problems. 
ws has been undertaken in this present survey. will doubtless be 
nized as contvibuting not only to the field of historical research 


evident, if he is to be expeeted to administer intelligently the ar 
an his possession. that any method whereby le can be helped to! 
more familiar with these records will be of value. Tn this 
the work which is represenied in this report is aimed to be o 
along several dines. In the first plare, the seas: which has been 


to the keeper of ue iitie something of the iaewiedee of ex 
and trained arehivists, not only in other states, but in | 
countries as well, where the accumulation of reeords and do 
fmdreds of years old has led to a thorough study of this se 
Second. the study of the statutes and codes, with the resultant si 
mary of the provisions of the laws dealing with the reeords, 
enable the offcial, as well as layinan, not only to become more fan 
with the older records, but also to become more acquainted witl 
peng sana records now bare a kept, the Py 


YHTEIR CARE AND USE. 3 


afford an easy reference to the laws themselves. Third, the thorough 
manner in which the archives, including not only the main offices in 
the courthouse, but basement, attic, and storerooms as well, have 
been examined has resulted in the location of many record books 
which had been misplaced in earher years. Fourth, in order to 
secure, In so far as possible, a uniform order in the archive reports an 
attempt has been made to group the entries in a logical and systematic 
inanner, In many cases the county officials may find it convenient to 
follow in some degree the grouping and order here suggested. 

Value to the Taxpayer. That the work here represented has been 
and will continue to be of value to the taxpayer has already been 
indicated. for whatever assists in the preservation of the public record 
for the use of this and future generations, or aids the officials en- 
trusted with the keeping of these records to become more intelligent 
and more efficient, will, in so far as it is successful, be of practical 
benefit to the state as a whole. 

In addition to those advantages which have already been suggested, 
the following contributions should also be taken into consideration. 
First, the study which has been made of conditions existing in the 
courthouses in reference to danger from fires, dampness, and other 
elements of destruction, is of no small importance. In many cases, as 
will be pointed out in the report. there exists grave danger from 
fires, both from without and from inflammable material used in 
interior construction. That these conditions should be remedied im- 
mediately in the interest of the safety of the records, and therefore to 
the security of property, is readily apparent. Second, the materials 
used in makine these records has been carefully considered, especially 
in reference to inks and paper. That the millions of dollars which 
are annuaily spent by the state in the compilation of these records 
should not be jeopardized through the use of faulty materials. should 
be plaimiy evident to all thoughtful citizens. Third. the close exaim- 
Ination of offices. atties. basements. closets and vaults has revealed 
many valuable record books which had, in earlier years, been mis- 
placed and given up as lost. In one case, El Dorado County, more 
than a dozen record books, many dealing with land titles. had been 
misplaced at the time of a courthouse fire in 1910 and had sinee that 
time been considered bummed. These were found and returned to 
their proper place. What was done here was done in many other 
— counties where books were found and returned to their legal custodian. 
That stits involying property titles valued at thousands of dollars 
anay be averted by the location of these reeords is more than a mere 


~ probability. 


4 COUNTY ARCHIVES OF CALIFORNIA, Tae a 


THE HOUSING OF PUBLIC RECORDS 


Ben an alii Is te inade to see that mn sprachaues ee ane 
them only fireproof materials are used. Practically all of the - 
houses ane halls of records constructed during the past two dee: 
have been built in a fireproof manner: many of the older ones, 
ever, fall far below what the sen should be. 


nine When w structure is Ge: fireproof. this is largely a 
of individual judgment based upon a general knowledge of d 
from fires and of the lecal conditions. such as building material, 
tion, tire protection, end the like. While examining the archi 
the various counties an attempt has been made to note whether 
not the aie are ne a Santer ne are eons heuaedsd i 


aed “of patted ‘he nae We the Fisniae. in too aes case 
Vias been inadequately done, Of the fifty-eight counties in the ste 
thirty-seven were classed as being probably safe from outside | 
Ti many cases this was due as much to the isolation of the hui 
us to the nature of oe taatertal, Thisie en “were clearly not 


thes hiss Were i pee Ande “aBhiow ant pxandnation wi 
of the interior es ae buildings the results were Disa to be 


Ai areproot 3 m ee te summarize Hes. thirteen or nea 
fourth of the connties are not provided with fireproof, dn 
heonty-seven or about one-half are partially protected: w 
eighteen. less than one-third of the whole, are adequately 
Th should, however, be added that several of these build nes 
not freproof are provided with vaults, where the ereater : 
records are supposed to be kept. [t is not, however, safe 
ether that the offeers in charge always observe the pe 
place the records in the vanlt, or even that the vanlt ifse 
stand neh heat. On the other hand, sad experiences 
(bee even structures snpposed to be proof against fire hi 
16 be sadly inadequate when put to the test. Tt is, ther re 
ble thet many ef the bnildings classed as slgidaw a oD 
stand a severe test. — ee 


: THEIR CARE AND USE. 5 
Srsaits While a very large percentage of the county courthouses 
are to some extent provided with vaults. they are not used as fully 
as the safety of the records requires. This is doubtless due to the fact 
that, as a rule, they are poorly lighted, insufficiently ventilated, and 
Ot, convenient of aceess, it being necessary in most cases to remove 
ie books to some other place for consultation. The result is that in 
many cases the vaults are used for only a very small part of the 
ree ords, principally those not in current use. 
Another criticism to be made in regard to vaults is that they are 
often unsatisfactory as depositories for records because of dampness. 
This is usually due to their location, it being the common, although 
cunistaken, practice to construct the vault in the basement ov cellar 
a some other part of the building equally undesirable for other 
pn irposes. Experience in other states has shown that a vault should 

not be constructed in a basement, and should, if possible, be built to 
open into a room which gets the direct sunlight, Since a vault or safe 
will gather dampness unless opened frequently it should be opened 

and well ventilated at least once a week. To avoid excessive daimp- 

ness vaults should be constructed with double walls. in such a manner 
tS fo permit the passage of air between the walls as well as within 
. © the vault. This may be done by means of a small pipe connecting with 
the flue. in such a manner that the damp air may be carried off and vet 
no fire be allowed to enter. In case the vault contains a small amount 
of moisture it may be absorbed through the use of Inne. the lime beime 
~vemoved as scon as it becomes slaked. The lime should always be 


are s stored o] Isewher ‘ein storerooms, which are most frequently located 
4 ‘in Jase ‘ments or attics. While in sone cases these rooms are reasonably 
4 well eqnippe “i Tor “keeping. the records saitely, as a rule ther are 
| into serviee without much regard to their being suitable 
ries for books and documents. Not infrequently the base- 
sare damp. the atties dusty and mice-infested. In many cases 
‘books are piled away without regard to their future use, with the 
] result that all are soon a heterogeneous muss. Seldon are 
place: 's adequately equipped with electrie Hehts, so there is constant 
a fire from matches or candles. 3 “ 

naterial found in sich parts of the courthotise consists alinost 
‘at semi-discarded records, those hooks which have not heen 
as oF RS EDE TS or searchers for some time, fn general this 
“gunk. but. in spite of this commonly applicd title. it 


; ee material of cousiderable historical value as well 
ita that ma vat any time become important court records, 
care shor lil he taken of this older material is evident 


y * 


6 COUNTY ARCHIVES OF CALIFORNIA. 


to anyone who makes even a superficial examination of this class of | 
material Lf it is a felony to destroy records some penalty ought to— 
be meted out to the official whe permits records to be cast away Where — 7 
they are almost sure to be destroyed by mould, mice, dust or heat. | 

Office Furniture. The equipment and furniture of an office used as | 
a depository for records should be given more careful consideration 
than it has usually received, judging from what is to be found ; 
the average courthouse. Tn many buildings the fire hazard is greatly By 
increased because the offices. instead of being furnished with modern a 


and other furniture which ina few cases is accompamed by pas 
hoard filing cases, Since smoking is seldom prohibited in these offices, 
and many are eated by wood stoves, it is apparent that the records 
ke se! in such sur rOuMdAnGS are Sone wy in hae Ltn from ae MK 


ae ‘ane. bat ee cies een Che secuhidiniees of hist. and 1 
be securely locked if there is danger of theft. — 


MATERIALS USED IN RECORD MAKING 


Not only amust the publie records be safely housed in firepre 
buildings properly equipped with vaults and convenient dry s 
rooms, but it is also essential that care be taken to see that the m 
tenials used in the publie records be selected with great care in ( 
to guard against the danger that the ink with which they are writ 
ay fade or that the paper upon which they are written may 
intewrate, Although this commission has not been directly autho 
to take up this matter, it has considered it within its jurisdiction 
make at least a preliminary examination of the materials used in 
offices of the county officials and to compare the results with sini 
investigation in other states where the publie records are more ¢ 
ostipervised, ~ 

Inks. One of the most important elements affecting the 
neney of a record is the quality of the ink used. This has lone 
recognized by the leading archivists of Enrope and is being ei 
increasing consideration in our own country. More than a cen 
aco Thomas Astle, the keeper of records in London Tower, 


todting ay inks sstandled for use on eens aad 
extensive investigations by Sechlnttig and. bate a2, 


a 
; 


7 


THEIR: CARK: AND USE. 


definite formula for the manufacture of iron-gall ink, taking into 
consideration its various chemical elements. i 
In this country investigations along this line were first begun by 
the Commonwealth of Massachusetts through its public record com- 
¥ missioner, Robert T. Swan. Swan examined the various kinds of ink 
in use.and concluded that many of them are entirely unsafe for use 
upon records where permanency is an important consideration.! 
None of the inks made from aniline dyes are permanent, and when 
onee obliterated by light, heat, water or other causes, no means has 
been discovered whereby they can be made legible, Likewise, log- 
wood inks are unsatisfactory, as they have a tendeney to turn brown, 
if they do not fade entirely. Carbon inks, when made in the proper 
manner, are permanent, but many so-called carbon inks are either 
not carbon inks or are lmproperly made and therefore not safe to use 
upon the records. Of all the common inks nut-gall and iron inks are, 
§ if properly made, considered the most permanent, for even in case 
the writing made by these inks should fade. it Is possible to restore it 
by a nut-gall or tannate solution. Many inks which are recommended 
because proof against the action of acids may not be permanent 
against the action of time and even be dangerous because of their 
action upon the paper, As the result of Swan's investigations, Massa- 
chusetts came to adopt. as the standard for ink used upon its public 
records, the formula for iron tannate inks as worked out by Schluttig 
and Newnann. This has subsequently been adopted by the United. 
States Treasury department and other government bureaus, 
‘Standard Ink. Although leaving to the manufacturers of ink the 
3 ie opportunit vy to modify the details in such manner as they believe may 
facilitate manufacture or improve the quality of ink, there were 
adopted certain specications and requirements which all inks. used 
upon the pubhie records, are required to meet. They demand that the 
ink shall be gallo-tannate of iron ink. not inferior in any essential 
—qnality to one properly prepared in aceordance with the specified 
— formmila, in which all the ineredients are of the strength and quality 
—opreseribed ly the United States Pharmacopeia and the per cent of 
true acid pi eeant in the sample of tannie acid used has been deter- 
—ontned by the Leowenthal and Schroeder method. The formula for 
standard record ink as adopted by Massachusetts is as follows: 
Take “af joe, dry Vennie Acid. 2346 parts by weight. 
ok iruennh Wali Arid ie! Birt 
of Ferrous Sulphate. SO parts, 

; ot Canim, Arcade. FO PTIAT » 
= of Oloted. Tydrachbate Wel, Soi pares: 
i ~ Si Carole Meta. Tl paket 
of Wat 


toe Setheicout ti drake. Tis the omixiag atotive iempieatiiee of Ge a, 
te the volume o 


eB hem . = ; 1+ a 7 > 
Be WTS Re y i ; 
LO parte by acewhi of wa#el 


ns s Aoiniivsiey af PUblie Recards, Report. VSot.-pp. Lawler. 


* 


In some it was the habit to mix two kinds of ink together, and ir 


» 


addition of dye exten similar to’ bavarian blue to oe the a 1ix 
an iminediate color. 

The inks presented for approval ave compared with the saa 
ink by being subinitted to the following tests: 


T,X fnid onnee allowed to stand at rest ina white glass vessel, Yreely expe 
in diffused daylight for two weeks to the light and air. ata temperature of 
to WO° FL protected against the entranes of dust. must remain as free fr 
Hiepose upon the surface of the ink or on the bottom or sides of the vessel, 

Tt must contain no fess iron, and must have a specifie gravity of ee 
+t at 60°? F . 
2 ft must develon its color as quickly. 
4. snd a week's exposure 7o Rees day helt the color must he as inte 
kee ioe ice exposure to light, aix; water, or alcohol. + 

5. Tt must be as finid. flow as well, strike no more through the rapen, 
remain mere sticky immediately after drying. 


Inks used in California Archives. As the result of inquiries: in m , 


‘at the counties of California it has been found that the inks of no aor 


than a dozen different manufacturers are in use in the offices of 
state. The greater part of these are well established companies 
doubtless have a pride in the quality of the ink manufactured by t 
but in several counties Inks were used which had been concocte 
local dealers, Practically none of the counties had given the 
of the permanenes of the ink serious consideration and little a ter 
was given to the different kinds produced by any company to 
mine whether or not the particular brand used by them was dt 


it was the rile to add water to the ink should it become thi 
evaporation, 

Tn order that the opinion of the imanufacturer might et o! 
upon some of these questions a letter was sent to cach of them 
address could he obtained. Replies were received from 
all As might be supposed, all named one or more kinds o 
produced by them whieh they would recommend for use in 4 
records Where pertuaneney is the first consideration, Since aw 
kinds of ink are card prodieed Be the same company, if v 


extremely liable fo eliminate the efficieney of both — 
question of the advisability of adding water to restore 1 
ink there was less decided opinion, but nearly all warned 
practice, for most inks are a chemical oases ban 


a . 3 
a THEIR CARE AND USE, 9 
therefore advised that small ink-wells be used, which can be cleaned 
and refilled frequently. 
: Colored Inks. Examinations made of many bright colored inks 
4 indicate that they are apt to fade very quickly and hence should not 
be used upon records. A number of different kinds of red ink were 
j examined by an expert chemist for Massachusetts with the conclusion 
that all were more or less fugitive and that there was no permanent 
F red ink. In like manner blue and other colored inks were advised 
: against. Fortunately these colored inks are not used to any in- 
_ portant amount upon public records of the state. There has, however, 
been a custom in some counties to make endorsements upon docu- 
ments or headings and marginal references on record books in red ink, 
while the document itself is copied in black. In view of the results of 
the investigations elsewhere made there can be no doubt that the safer 
plan would be to make all entries that are a part of a record in black 
ink only. 
Stamp-pads. Although colored inks are but little used upon the 
— public records, the use of rubber stamps for dating and indorsing 


a oe ee 
e 


¥ 


documents is very common, and not infrequently these are used in 
permanent record books. That there is grave danger from the use of 
these there can be no doubt for the more brilliant colors—red. purple 


pra ro he ae 


7 


= 
4 
> 


and green—are apt to fade very quickly. Black ink pads may prove 
j to be more permanent, but the fact that the ink is not as a rule forced 
Into the paper. as is the ease with a pen or typewriter, increases the 


danger that any imprints made with a rubber stamp may not be 
- permanent. 

Typewriter Ribbons. With the invention of the book typewriter 
cand the insertable leaf record book many of the offices have adopted 
the typewriter as an uportant factor in the copying of records, —Al- 
‘ though it is impossible without an examination of the various makes 

of ribbons to determine whieh, if any. are really permanent. black 
record ribb HONS produced by rehable companies are to be pre Sucker 
Bile: on the other hand. purple or other colored ribbons are to be 
a hot ded, 

_ Record Paper. Not withstanding the Seas of securing a per- 
, that the paper 
in the record books and official documents have a quality en- 


Hine it to endure the rigorous test of time. The necessity of pro- 
ee the character and quality of the paper used in its records 
; zed by the Commonwealth of Massachusetts more than a 
— Subsequent investigations led to the passage of an act. 
4 in a inf Ho specifying that the standard should be ‘‘paper made of linen 

Sand new cotton clippings. well sized with animal sizing.” Tf is 
lained that linen rags are required because the previous wear upon 


= 


10 COUNTY ARCHIVES OF CALTROENTA. 


the linen was found to be advantageous: that new cotton was re ci 
inorder to avoid the excessive use of chemicals in cleaning the a ae 
and that aniinal sizing was specified in order to avoid chemical treat a 
ment of the surface.® oq 
ae ‘pa 5 In general use in the re peord spears m the daa archi 


Is aeene bly less eee from inferior quality of paper aa from a 0 
ink. Yet the pale Is of stitch = ve casks ata that it should not 


ereater danger ee an inferior ae being sata duesd. pa 
deciments are often inseribed upon printed forms furnished by oth 
than the county officials. Sinee. upon filing. they become a permane 
part of the publie records, regulations should he adopted preseribi te o 
that they be made ipon a paper of durable quality. 


GENERAL OBSERVATIONS 
wie of Documents cou aaplaad The constant use hes: 


his) ae care tee rere repair. The os commnon penatine is to 
eliploy a copyist to transeribe the records to replace the worn hos 
When they are badly worn this is the only thing that can be done, 
iu other cases it may be possible by a reasonable amount of care 
forethoteht to repair books before the damage has reached a 
where repair is impossible, In the first place attention should be 
to the office equipinent to see that the wear upon the books is 1 
te the minimum: for this reason horizontal roller shelves are y 
pietuled On place of the old-fashioned racks where the books were p 
onoend. The books should be eonveniently arranged and labelec 
that if will not be necessary to handle any book other than the 
desired. A systematic effort should be made to inspeet all boo 
larly and repair any damage as soon as it becomes noticeabl 
are ntlwerous methods of repairing torn pages so they may be 
oy Svengthened withont disturbing the reading matter on the p 

Tn seany depositories a large nmmber of volumes are constantly 
destroyed through handling when the proper care to see That tr 
promptly rebound would extend their usefulness over an. 
period. The archives should be periadically inspected and effort 
be made to secure thie Cooper sare, of all who tse athe anehives Sint 


Ve As ee Ce eee 8 lan 


ahs ee 


: eralins ee e 


_ ee 
“ 


ai 


pee Fs « 


TITEIR CARE AND USE. 11 


‘ 

Leather and canvas are most commonly used for the purpose of 
binding. Although the former was for many years the more popular 
form of binding, the superiority of canvas has now been demonstrated, 
Leather has been found to deteriorate and when subject to great heat 
even to melt into a dark mass which stains the records, when under 
similar ciremmstances the canvas bindings remain uninjured.’ In 
rebinding it is suggested that the volumes be interleaved with pages 
larger than the original in order to protect the older paper which in 
inany cases has become brittle and is therefore easily broken. Care 
also should be taken to see that the correct title and inclusive dates 
be stamped on the back of each volume, 


Copying of Records. Through repeated handling records sooner 


ot later become unfit for further use: it becomes necessary to provide 
for copying them. Furthermore, the formation of new counties or 
shifting of county boundaries often places property under the juris- 
diction of a different county from the one in which the title was 
originally entered, in which case it is desirable to reproduce the record 
in the archives of the new county to which the property belongs. In 
the case of several of the more recently formed counties the act creating 
the county has provided for the transeribing of all these records which 
preperly pertained to lands in the detached portion. It is unfortunate 
that this has not been required in every ease. for, in addition to the 
convemlence im consulting records, this plan provides an additional 
official copy of the record which, in case of loss of the original, may be 
inost valuable. 

Tn copying records or documents absolute adherence to the text of the 
original decument must be demanded. Unfortunately many of the 
early copies of documents have not followed carefully the original. 
This. of course, destroys confidence in the copy and may even render 
it worthless as an official document. Recent transeripts show greater 
care in copying and in making the comparisons, so that the criticism 
Which is made of carher copvists is no longer so fully justified. 

Photography. The use of photography las been suggested as a 


means of recording doctuinents. Measures relating to this matter have 


been before the state legislature at its last few sessions, but up to the 


5 


present no action has been taken approving of the plan. The areu- 


anents Favering the method are. first. that a truer reproduction of the 


original doctuiments would be made by a camera than by any copyist. 
thus chiminating the errors which often find their way into recorded 


doetmients: and second. that the expense would be lessened. 


Sgiteac Movie Cinniesioner ct Tctiie Ravorts, Refiert, VAeiD. 5 FSR eae 


zy. COUNTY ARCHIVES OF CALIFORNIA, 


Opposed to these arguments are the following important consid 
tious: Sines aany of the documents preserved for record are almos 
illegible hecanse of poor penmanship, it becomes one of the importa 
funetions of the copyist to determine the true wording of the docum 
and then transcribe it into uniform legible seript or type. That 1 
when done in a manner to insure an accurate reproduction of. 
original. is a valuable serviee, none can deny. Again, up to the prese 
iine the paper used) for photographie purposes is thicker than th 
heaviest of ledger paper used in the records and ean only be used | 
ene side. ‘The inevitable result would be that the records would requi 
at least twice the space they now oceupy and probably an even lar 
amon. Furthermore, the permanence of the photographic 3 
~ hes not yet been established. There are two essentials to this qual 
of permanence: first. a paper which will withstand the heayy nsage: 
which a public record is constantly subjected: and second, the impri 
upon the record page must be made in a manner which will not pe 
it either to fade or be erased. It has not yet been sifficiently 
sirated that the photographie impression is capable of enduring pe 
nently, while there is an even inere grave danger that the paper it 
can not sustain the constant wear. —n view of these consider: 
it would seem to be wusafe at present to permit the use of photograph 
asa substitute for the present method of copying documents for 
offielal records. The objections here raised do not, however, ¢ apply | 
transcripts from the official records such as certified ¢ copies of re 
doenuments. 


Insertable-leaf Record Books. Since 1901 the laws have pe 
the vse of separate or insertable-leaf record hooks in the office 
county reeord keepers, Although the provision was made op ti 
hooks of this kind are now employed in nearly all of the- con iti 
the state. For convenience and economy there ean be no ques 
te their scien & The nafety of sae kind of a book as a 


tive numbers as seen as the volume is commenced, eae " 
substitution of a different page for one already used. scale 
document is veeorded i shovld be indexed. When ing 


a 
i 
{ 


| 


THEIR CARE AND USE. 13 
ea Iu those offices handling financial records only there are grounds 
for serious complaint regarding the abuse of the insertable-leaf record 
hooks. Due to the faet that insufficient binders are provided, it is 
f o . + ry . . . 

a found that in far too many cases financial records which might other- 
‘ wise be valuable are rendered useless because the sheets when filled are 
a ne 7 ~ 4 » + Pi 
not pemnanently bound, but placed carelessly away in a corner of the 


office or in the vaults or storeroom without regard to their future use. 
The result of this is. that in many counties where ledgers, cash books, 
warrant registers, and other records have been well kept during a long 
period of time they are not to be had for the more recent vears. 


Economy in Archive Space. The problem of sufficient room is a 


Sy er eee 


-- very serious one in many offices. Unfortunately this condition exists 
— not only in those counties that are still using antiquated courthouses, 
but even in many counties that have but recently built new county 
} buildings. It is too often the case that the county boards do not 


have sufficient vision to foresee the needs of the future, with the 
result that expensive and well appointed buildings soon become inade- 

— quate to meet the growing demands of the county. The remedy for 
this Is more care in planning and constructing public buildings, 


But quite aside from the consideration of the size of the building. 
the matter of record space requires serious consideration, for it leads 
sooner or later to an attempt to discriminate between those records 
which are essential and those which are of less or of no further value, 


the real value of a document. At any time a record which has been 
unused for years may suddenly become the center of interest in some 
mnatter of great importance. An effort should therefore be inade to 
conserve all the space possible and yet not discard anything which may 
at some time prove to be of value. One way in which this can be 
—arcomplished in nearly every courthouse is by discarding the unused 
pages in record books which are no longer in eurrent use, if need be 


: having the books rebound. 

Should it become imperative that a portion of the records be destroyed 
Be this operation should be carried out under the supervision of some 
2 person whose knowledge of the archives and of the uses to whieh the 
records way be put enables him to know what documents may he 
disposed om wit the-Jeast possible danger: It would be well 3f? aa 
poeords were allowed to be discarded or destroved except under the 
supervision of a state officer specially qualified for that task, 

The amestion of space is closely connected with that of centralization 
oof archives. In many states the policy has been adopted that such 
~joeal archives as are no longer needed for administrative purposes 
pould be centralized at some central avehive. There are May ISsies 


ee: records. 


14 COUNTY ARCHIVES OF CALIFORNIA. 


involved Tn the cousideration of this poliey such as local pride opp 
removal, the classes of archives that should be removed, and that 0! 
adequate space in the central archive itself. In view of these apparen 
difficulties no recommendation can be qiade at present. It is, howe 
believed that the timte iiust come when records whose usefulness to 
Mmuinediate community has passed should be properly cared for in. 
place where their real value as historical documents will be- 
carefully recounized and respected. At present many records of: 
value to the historian, and pertinent also to the rights of citizens, 
carelessly relegated to what is commonly known as the “junk hea 

Training of Archivists. So long as the care of public records: 
inade dependent upon the fiekle changes of political opinion it can n 
be expected that thelr care and safety will at all times be the param 
consideration, While the democratic principle of rotation in office 1 
have elements in its favor in some cases. it can not be justified in re 
enee to those officials entrusted with the immediate care of pu 
records. The remuneration attached to sneh offices as the county: 
and recorder ee be Ragman. to inake it eas for me of 


a reward es meer oe or eerie Pee When an official : 
demonstrated lis ability and worth his tenure of office een nm 
disturbed by petty considerations. 

What is said of elected officials upplies also to assistants in 
offices, In fact, it frequently is the case,mnder our system of: BOVE 
ment that the deputies are iore expert in handling the duties o 
ofiee than are their superiors. Other states, following the examip 
the Eurepean countries, have seen so clearly the need of tr 
archivists in charge of their central and local records that they 
esteblished schools for training of persons in archive methods, | 
exports thus trained it is possible for clerks, recorders and other 
to select their staff of assistants, 

Tn these new Western States, where our oldest records were ¥ 


‘<I 


bat 2 few decades ago, it may be too mel: to expect that: bess: . 


knowledge and experience in archive seinaed be given “chan. i 


THE CLERK, ah 


. | THE CLERK 


GENERAL PROVISIONS 

The two most important record-keeping offices in’ the county are 
those of the clerk and reeorder, It is necessary that the worker who 
— desires to exploit the field of local history should) become familiar 
with the records of both of these offices. and have some idea of the 
contents of the others as well, if he is to make adequate use of 
historical sources. The clerk has many administrative as well as 
archive duties. while on the other hand the activity of the recorder is 
~ devoted almost entirely to transcribing or otherwise preserving docu 
—anments which are presented to him for that purpose, 
| For convenience the records under the supervision of the clerk have 
been divided into three main classes. corresponding to the kinds of 
work performed by that officer, They are: 1. Court records; HH, 
— Supervisors” records; and II], Miscellaneous records. With the first 
division is to be found a brief historical account of the various courts 
of which the county clerk has by law been made the clerk, together 
7 with a deseription of the varicus records kept by the courts. The 


second division includes all those records kept by the county clerk 
in his capacity as clerk of the board of supervisors. The third divi- 
sion is much less easily defined. but inchides all other records kept 
hy the county clerk; for many of his duties can not be considered 
as talling to him either as a clerk of the court or as clerk of the 
county board, 

The earliest aet preseribing the duties of the county clerk was 
passed by the first legislature, April Ts. 1850, and stated them to be 
as follows’: He was ex officio clerk of the district court, court of 
sessions and probate court of his ecunty:; he was empowered to 
administer oaths and to receive bonds; was required to attend cach 


Ee ee ee ee ee ee ee 


— terin of the county court and the other courts of the county: to keep 
& office at the county seat and “take charge of and safely keep or 
— dispose of according to law all books. papers and records. which may 
Leys filed or deposited in his office.” A feether section set forth that he 


was to issue all writs. enter all orders, judgements and deerees proper 
to be entered in the minutes: to keep a doeket of each court. in 
Whieh he was to make certain specitied entries: and was to keep such 
other books or records as might be prescribed by law or ba the rules 
cof the court. 

OA few unimportant amendments were made before IsT2. when the 
duties of the clerk were outlined in the Politieal Code. The first 


« SS oe ei, 


16 COUNTY ARCHIVES OF CALIFORNIA, 


paragraph reiterated: the provision regarding the safe-keeping of | 
records, books and papers tiled or deposited in his office: the sec 
declared that he was to act as the clerk of the board of supervi 
district, county and probate courts and attend each term of them an 
upon the judges in their chambers when required: third, that. he , 
to issue all processes and notices required to be issued and to 
for each court a docket: fourth he was to keep an index of all 
in the distviet and county courts. Among his duties were also include 
the keeping of such other records and duties as might he preseribed 
by biel 


with a relstepaanl change in the tle of the dlerk? s records 


COURT RECORDS 


HISTORY AND ORGANIZATION OF THE COURTS 


District Court. At ihe time the state was first organized and 
thirty vears thereafter the judicial affairs of the counties were ad 
istered by three, and, for a part of the time, four separate ¢ 
These were the distriet court, county court, probate court: and hi 
court of sessions. The highest of these was the district court, [ 

district judges held court at the various county seats in their 
iviets at certain specitied dates. The jurisdiction of the court 
original in all eases of Jaw and equity and civil cases whe 
mmount exceeded S200; and in all-criminal cases not otherwise 
vided for: it covered all issues of fact in probate cases: and all 
of real Sraneny: The county clerk was clerk of the court. — 
act of March 11. 1861. the term of the judges was fixed at six 
mel the eourt given appellate jurisdiction over the county 
and the court of sessions in eriminal matters.” The mimber | 
triefs was increased cae hie in 1850 to Re oe i, 1s: 


fine.® Tn an act eee ‘Avril £ 1864, the utr of tax. 
mech more fully Me ts it nef provided that be a 


Siats. and Nelidie. 1880: 7027 1883: ‘gen: A891; R323 iggs- via ee SZ” 
references te acts of 1917 -and later appear in these nutes becansr this 
archives was then already DEReNCaiay completed, 
. *Stats, and Aondis, 1907: #04, 
. State. 1850 292-98; 852 221-22, 
isha 1855: 217% i ey | BAB, 


oreo ay THE CLERK. i 


county. For the keeping of the records regarding these suits the 
- clerk of the court might be required to procure books as follows: an 
index book; a register of actions; an order book: and a decree book.? 
~ Records pertaining to tax suits have been found in more than half of 
| the counties. In five counties the complete set is to be found. 

This court also had jurisdiction in matters of naturalization, but 
ee the gui in gba to ae are considered Eee under the 


= ee ihe within: cach eats being given to me superior canes 
of that county. 
County Court. By action of the first legislature a county court was 
a established in each county, under the supervision of the county judge. 
Four: regular sessions were to be held annually for the trial of appeals 
; — from the justices of the peace and such special cases as might be 
pe. ‘nding. The county judge was empowered to issue writs of habeas 
‘orpus and as conservator of the peace of the county vould exercise 
all the powers of the justices of the peace as conservators of the 
Pp peace: Iie was given jurisdiction over probate matters, and was re- 
—qntired: to hold a session of court for the hearieg of such matters on 
the fi first Monday of cach inonth. Je was also given power to issue 
eae of injunction, mandamus, attachment and all other writs and 
g procesies known to the law. The county clerk was clerk of this 
court! ’ : 
In J851 a general law was passed concerning the courts of justice 
the state which repealed all previous Jaws on the subject. Under 
e new law the county court continued as before to have Jurisdiction 
lesser CIVIL Cases, except that its probate jurisdiction was given to 
a probate court which was created, the county judge being, however, 
e judge of this new court. The appellate jurisdiction of the county 
4 which originally ineluded judgments rendered in civil cases in 
3 or ogee s courts in the county, was extended. in 1853. to 
mayor's courts. dn 1563 the court of sessions was 
i its criminal jurisdiction given to the county court.’ 
ae SNE NS of 1st) this court was discontinued, being 


- 


coe an act of the legislature of 1850 a court 
Was organized in cach county of the state. This court was 
of the canny ~jintied and hye Justices of the peace. the 
a being leak of the EOurt, Meetings were to he held — ; 
‘month and their business was divided into two kinds . 


os COUNTY ARCHIVES OF CALIFORNIA, : 


day of every month.® ; 


— tions regarding trial of issues were amended so as to requ 


‘district court, As thus amended | he provisions for the 


known as criminal jurisdiction and county business. The 
jurisdietion of the court of sessions extended to all cases of ass 
assault and battery, breach of the peace, riot, affray, petit lar 
vndoinisdemeanors punishable by fine not over $500 or three mont 
lraprisonmmeni. In addition to this criminal jurisdiction the court su 
ise ihe peas later sauce by the hoard of Supervisors, Since the: 


keep a Begnie ch of mints Pore records tox each,** a spit 
this provision, however, in diay of the cotmtics the minutes wer 
combined, ‘The records relating to county business will be conside 
under the records of the hoard of supervisors. . 

An act of Mareh 11. 185d. repealed the former law Dut er 
most of its features. As eae in this act the jurisdiction of the! : 
Was: ® to oe ta by the itery ention of a vrand IUEy, of all pu lie : 
re ond thereim, fer all nett aes except pee ; 
shiughter and) arson: 3) te hear and determine appeals from . 
justices”) resorders” and mayors” courts in cases of a criminal nature.! 
Tn 1863 the court of sessions was discominned and its eriuiinal | 
diction given to the county court? 

Probate Court. ‘The act of the legislature by which the 
conrt Was created gave fo that eaurt jurisdiction over probate: 
ters, exeept that issies of facet jolued in the probate court wer 
tried in the district conrt. For the transaction of probate In 
the county judge was to bold a term of the court on the first Mc 


In 1851 a distinet court was ematen to be known as: the 
court, the county judee being made judge of this court, 


hk 


tion was similar to =e formerly Beer ered ni Ene countne ee ae ) 


probate bisiness.”” 


distriet court, but might id consent of oe parties be tried i int 
bate court, Appeals were also allowed to the distriet eourt | 
decisions of this court.? 

fn Ist¢ an amendment to the law of 1851 allowed ap 
supreme court From decisions of the probate court. Tn if 


issues to be tried by a jury in the probate court instead 


. “Stata, sees. 210. : 
“Stats. 1861 <8. a. 
“Stats, 1 1863 : ay +e S 
WStote, 185072 94. ty oy 


* Wetie 1851 ou ‘22. 
_ SBtats. 1851: 486; i858: | 132, 300; 1862) 635, 654. 


THE CLERK. - 19 


were incorporated in the Code of Civil Procedure in 1872.'> The 
probate court was discontinued in 1879, being superseded by the 
superior court. in accordanee with the provisions of the constitution 
adopted in that vear."” 

Probate Records. Although since 1879 the probate court has 
eeascd to exist as a separate court, it has been the rule under the 
superior court that the records of probate business should be kept 
separate from the regular civil and criminal business of the court. 

In the larger counties probate matters are turned over to a special 

department of the court. There is a great diversity in the methods 

of keeping the probate records, depending somewhat upon the size of 

the counties. This department, in common with the others, has a 

calendar, docket, index, file, register of actions and minutes. With 

the latter are ineluded orders of the court. The larger offices have 

a great munber of form books for entering orders. but all the volumes 

of minutes and orders are usually numbered consecutively ino one 

series, In the probate department are also found volumes in which 
sare recorded letters of administration and guardianship. in several 
different forms. guardians’ inventories and appraisements, wills ad- 
nutted to probate. and the records regarding the collateral inheritance 

TE 

Superior Court. The present judicial system dates froin 1s8s0 

when. under the provisions of the constitution adopted the preceding 

Vear a stperior court was created in cach county to care for the 
business previously handled by the district. county and probate 
courts. . 

In the sinaller counties one judge is sutticient to handle all the 
business of this court, but in the larger counties several judges are 
elected to this position, When there is more than one judge the 
court is divided into departinents, a department being assigned to 
each, One of the judges is then designated as presiding judge. in 

Which capacity he assigns cases to the various departments: other- 
wise there is no difference in rank among them. It is usually the 
orule, in so far as practicable, to divide amonye the different depart- 


A 


ments the various kinds of eases such as criminal. civil. probate and 
juvenile matters. In many counties a separate set of records is 


wy 


kept for cach of these four classes of business. although in some civil 


a 


cand criminal business are combined, 


wip 


Juvenile Court. The Juvenile Court law. approved March s. 1909, 
provided that the superior court should) exercise the jurisdiction 


conferred by that act. In counties where there were more than one 


Judge. one was to be selected to preside over this court. The ses- 


Sra iiie. hati! sieht ars di nis a OSS > “One: City Prom CTSte.. S$ dee ate. 
rene: at BS 


Se See Shey 


| COUNTY ARCHIVES OF CALIFORNIA. 


sious of the juvenile court must be held Hn 55 other: 
sessions, and to persous permitted to be present except such as 
connected with the business of the court. The orders and findin ne 
of the court were to be recorded in a “book to be kept for that pur 
pose and kuown as the ‘juvenile court record.’ 72" The Jw 
Court law of 1915 made no change in the provisions cited above ex 
to require the orders and findings to be entered in a suitable b book 
or books or other form of written record, to be kept for that pi 
and known as the ‘juvenile court record’.’7*! In most of the coon 
this liw bas been observed. In five of them, however, there are 
juvenile court records, Bree le 


‘ 


DESCRIPTION OF RECORDS 
bps of pons An act a jac 13, Petes oni ie 


cc aan “es of ee pee aaa county Rbpee ees sda to pra 
in their respective courts, The clerk of cach court was requir | 
keep a roll of attorneys and counselors at law admitted to pra tik 
before the court of which he was clerk. whieh roll the attorney. 
required to sign before he received bis Heense, the roll being a ‘ 
of the court, This arrangement continued in foree until the ad 
of the Code of Civil Procedure in 1872 when the provision reg 
the secs and county courts was oinitted, being restored. | 


> the piace of Ga anes and sae COMrts, in Isto the an » 
of the code permitting the superior court to admit AllOrnE YS 
tice In that court Wes again removed, and in 105 ue 


asbiek muse of cee “The ee of these “eontte poe a 
attorneys and transmit monthiy te the clerk of the supreme con 
Hist of those admitted during the month, and the clerk of thes : npr 
court keeps a veneral roll ef all attorneys pata! to prides ee | 
state," : 


Calendar, A hook in which the clerk enters the ‘cases: er: 
court according to tiie date of issue. Under each date of 
session the clerk enters the titles of the cases to come be 
on that day, and after hearing, a notation showing wh 
was made of the case, whether dismissed, continued, ou 
tinned, to what date.’ This hook: can not steey be vale 

seis aes : ok hee 

‘Stats. 1851:48; Code Civ, (i872), & 2th, Bsn; bode 


7880; 66, 56; Stats, 2695: 56 Seon 6.6; Code Civ, roc, (1915 
Stats. 1854 :75 ; Code Civ, Proc., § 693. is <i) 


ae Tey War 


- 


vee 
4 


THE CLERK. yal 


i oe 


as it is of little value except for current use of the court. fn most 


~ counties no attempt is made to preserve it. 

Docket. A record book showing the title of each case, date of com- 
mencement, memorandum of each subsequent proceeding ia such 
ease with the date thereof, and list of all fees charged in the cause. 
In the case of eriminal action it must show each indictinent according 
to date of filing; whether a felony or misdemeanor and whether the 


7 

¢ . 2 

— defendant be in custody or on bail.’ 

Execution Book. An amendment to the Practice Act, approved 
5 Stal 2. 1866, provided that when an execution shall have been 


— vetarned by the sheriff to the clerk, it shali be the duty of the latter 
to attach the same to the judgment roll. ‘‘If any real estate be levied 
upon. the clerk must record the execution and the retuim thereto at 
large. and certify the same under his hand as true copies, in a pook to 
be called the ‘execution book,’ which book must be indexed with the 
“names of ie plaintiffs and defendants in execution alphabetically 
~arraneed.’’ 

Execution Docket. An act of April 22, 1850, provided that the 
clerk should keep an execution docket in which he should enter an 
abstract of all executions issued by him, setting forth the names of 
the parties, character of the writ, amount, if it be for money, date 
of judgment with reference to page of record in oe it was entered, 
date of exceution, officer to whom issued, and return made upon the 
execution. This act was repealed the dls hates vear and the new act 
contained no mention of an execution docket. but the record was still 
kept in a number of counties. in five of them down to the present 
Srime,” 

File or Judgment Roll. The court file, more technically eailed the 
— judgement) vell, contains in civil eases the following papers: In 


‘Sa Pg . 
CaSO) the complaint be not answered by the defendant, the summons 


’ 


cand the affidavit er proof of service, and the complaint with a memo- 


rnd endorsed on the complaint t that the default of the defendant 
in not answering was entered, tovether with a copy of the sed areae 


sand any orders relating to a change of the parties.” In eriminal 

ceases the file contains, as required by the Criminal Practice act of 

(1) a copy of the minutes of any challenges which may have 

been interposed by the defendant to the panel of the erand june, 

fee: (2) the indictment and a copy of the aminites of the plea or 
2 


emurrer: (3) minutes with reference to challenges of trial jurors: 
(4) copy of the minutes of the trial: (5) copy of the minutes of the 


ahi i 


Juheent: (4 bill ot ie Sept lons, Pah {herve he CRAs ‘wie kas ve Vitter 


MEH ine eden NE Shee 


transeript of the charge of the court: and (4) a copy of the judgm 


Gad onieht Baie. page of suite er a the aie: 


call the counties. This is probably accounted for by the fact tha + 


22 COUNTY ARCHIVES OF CALIFORNIA. ee, 


added, (8) a copy of aD Gacwedaa given a of the oie 
thereon, This was amended in 1si4+ and continues in the pre 
Penal Code which says the file shall contain: (1) the indictment 
information and a copy of the minutes of the plea or demurrer: (2). 
copy of the minutes of the trial: (3) the written instructions ane 
modified or refused, and the endorsements thereon and a certit 


This is one of the few court records that may be found in all 
counties. The papers are usually filed numerically, the number be 
the same as that assigned the case when it was entered in ae 
They therefore follow in general a chronological sequence. In s 
as in Saeramento County, the cases whieh have been isinissed 
filed separately, the ease number, however, remaining the same. Ae 
some of the sinaller counties, especially in probate cases, the paps 
are filed under the initial letter of the parties or estate in court. 


General Index. The clerk is required to keep, in separate volun 
an index to all suits. One volume is headed General Index—Plai 
tiffs” and ha columns ae Picci me miunber ae the —e 


is headed ** General Index—Defendants’’ and has a similar an 
ment of columns. The only difference between the two vol 
that in the first the names of the plaintiffs are arranged alphabeti 
While in the second the names of the defendants are so arranged 

Asa usual thing the index to the court records is very well k 


records are so often used by searchers of titles. Entries are 
chronologically under alphabetical subdivisions. ‘ 
apie ne oe In 1881 an etic to section 


das Sst a copy of the pudas iene an insane person 
Sate hospital and shall prepare an index book showing the rt 
and sex of cach person ordered contined, together with the 
the order and the name of the institution in wenen stich | 
ordered to he confined.’ aS 
Alihough insanity records appear in all of the counties, tlie 
uniformly follow the provisions ef the law just cited. he 
comuiitting the insane person may be found at tines in an 
Reeord of Commitient, Indement Book, or in the Minutes of 
The index referred, to is kept in abont one-half of the counties 


‘he 


(som 126i 88; Pen. Code (siz),.§ 462s Code Amides. ieee 

1 ie 

Wats. 13621260: Pol, Code (1872), § 
‘Stats. 188i :7 ; Pol. Code (1916), ¥ 2 


‘s 


a Va ee 


= eae 


Ls 


a 


“a. ee UL, 


na tit 
~I 


Soe ee a a, ee 


ee eee 


Tae oe eS ee 


> 
2 


‘ 


mi 


therrecord of commitment. 


THE CLERK, 2D 


-Insanity— Certificates of Discharge. There was added to the Politi- 
eal Code in 1903 a provision that when any person is discharged, as 
recovered, from a state hospital for the insane, a copy of the certificate 
of discharge may be filed for record with the clerk of the superior 


court of the county from which said person was committed. The 
celerk shall record the same ina book kept for that purpose and shall 


keep an index thereto.!’ Tn something less than half of the counties 
this is kept ina separate book: in the others it is usually entered with 

Inquests. An act concerning coroners, passed April 19, 1850. re- 
quired that after the holding of an inquest the “‘testimony of the 
witnesses examined . . . shall be redueed to writing by the Coroner 
; and. . . filed by him. with the inquisition [verdict of the 
jury |. in the office of the Clerk of the District Court of the County.”’ 
But if the person charged with the killing had been already arrested 
the coroner was to deliver this testimony and inquisition to the magis- 
trate before whom the prisoner was brought, and the imagistrate was 
required to return them to the elerk of the distriet court.'! These 
provisions were incorporated in the Penal Code in 1872, with, how- 
ever, the “county court’ substituted for the ‘*distriet court?” in each 


ease. Recognizances of witnesses, when taken by the coroner, were 


he filed along with the testimony and verdiet.’? In 


also required to 
Tss0 these became a record of the supreme court. 
Judgment Book. A book in which the clerk is required to enter a 
| 


transcrip) in full of every judement rendercd by the court in a civil 


‘ 


action. Criminal judgements are copied directly into the minutes. 


Judgment Becket. A hook which the ecierk is required to keep, 


having each page divided inte colnmns headed as follows:-Judgment 


debtors: Judgment creditors: Judgment: Time of entry; Where en- 
tered in Judgment book: Appeals. when taken: Judgment of appellate 


court: Satisfaction of judement, when entered. In 1907 an amend- 
ment required an additional column for the date of the eutry in the 


“hoe eat 


Jury Lists. An vet concerning jurors, approved April U8. 1851, 


provided that after the drawing of the lists of jurers, erand and trel, 
these lists should be filed in the offee of the ceunty clerk, Since that 
date there has been considerable variation in the methed of preparing 


the jury lists, but the provision fer fling in the office of the county 


Ppl 


male T , pee re a ; pate 
tk has been retained ta the nresen’ dave 


found. 


contain a vreat deal of information the difficulty of decipher 


tions, court rilings, ete. be prepared in printed form anc jy 


ae - Skate, 1251 :124 5 Code Cy. Proc, $1052 ee 


= 7 ~ 


ts 4 


a COUNTY ARCHIVES OF CALIFORNTA, 


- 


About one-third of the countics have these jury lists. On the o 
hand a lury Book or Jury Record, containing time of service, f 
ete. is to be found ina very large portion of the counties. 

Minutes. These are a record of the daily procecdings of the co 
containing a synepsis of all orders, judgments and deerees prop 
be ontered. untess the court shall order thers: to be entered at len 

itis customary for the clerk to take rapid notes of the bu 
transacted by the eourt in blotters or rough minute books. 1 
are dater copied in proper form into other books known as sme 
minutes. The sineoth minutes are considered the minutes of t 
court, althoneh in some cases the rough minutes have also bee 
served. Frequently they are referred to in preference to the s1 
taiinttes. 

Register of Actions. A hook in which the clerk of the court i i 
quired to enter the tithe of cach action, with brief notes under it, fr 
time to time, of all ounaly ae and epaebeigii had thereon.’ 5 


one aes Masons a full eal ti of sack Case, 163 is ihenedoe 
used by searchers of titles. This book, together with the file, ninu 
and index, constiiute the only court records which are alvayes 


Reporters’ Notes, In all of the courthouses ereat eiéantitte 
court reporters” shorthand notes are to be found. Althoneh 


contents makes them of little actual value. 


Transcripts on Appeal. When a ease is appealed to ‘the sil] 
court it is required that a tranuseript ineluding all the evidene: 


the use of the court. Tt becomes readily apparent. therefore, 
vale of such a docmment is limited only by the nature: of the. 
which if refers, 


SUPERVISORS’ RECORDS 


HISTORY AND POWERS 


Under the provisions of a law passed April 11, 1850, the 
sessions in each county was given authority to control the | 
of the eounty, to audit and pay accounts, to levy taxes, 10 
and manage highways, forma townships and election. previnets, 
perform many other duties now under the Jurisdiction Of the hoa 
of supervisors. The law provided that the court shouht fold s a) 


sessions for the transaction of county husivess and ity 


Pol, Cods (18183, g 4178, 


ere ers ay oe © 


Vie her 


THE CLERK. 25 


that the minutes and all other records of the court when so sitting 
should be kept separate and distinet from the records of the court 
when sitting as a court of criminal jurisdiction, a rule which, as noted 
elsewhere, was not always observed, The county elerk was made the 
clerk of the court of sessions and he was required to record in a books 
kept for the purpose the mimates of the court and regular entries of 
all resolutions, orders. decisions, Judgments and decrees touching 
county business.' 

An act of April 29, 1851, created for the county of San Francisco a 


board of supervisors and conferred upon them the powers in matters 


of county business formerly exercised by the court of sessions. In the 
following vear a similar law was passed applying to all the counties 
of the state except San Joaquin, Butte, Trinity, Santa Barbara, Ne- 
vada, Yuba, Solano. Mariposa. Sutter, Placer, Shasta, Siskiyou, 
Wlamath, and Sierra? This law was subsequently, at different times, 
repealed in so far as it related to the counties of Calaveras, Colusa, 
Contra Costa, Marin, Monterey, Sacramento. Santa Clara, Tulare, and 
El Dorado, and the pewers and duties of the board of supervisors in 
those eounties handed back onee more to the court of sessions.* 
March 20, 1855, the law of 1852 was repealed and a new aet passed 
whieh provided that ‘‘there shall be in each of the counties of this 
State a Board of Supervisors,’’ and froin this date the court of sessions 
ceased to have any legislative functions, although it continued as a 
eriminal court until 1863. There were from time to time special acts 
relating to the hoards of supervisors in particular counties, but it 


ra 
, 


will be unnecessary to notice these acts as they did not affect the 


general outlines of the law of 1855. This law, variously amended and 
anegmented. was embedicd in the Politieal Code in 1872 and in the 


various acts providing for a uniform system of county government.4 


The powers and jurisdiction of the board of supervisors, as stated 


in the law of 1855, were as follows: 


1. To make orders respecting and to take care of and preserve 
the property of the county: 

2. To examine, settle and allow all accounts against the county 
and levy the necessary and lawful taxes: 

3. To examine and audit the aceounts of a 
do with county money: 

+. To lay out. control and manage roads, ferries, bride@es, ete.: 

» To take eare of and provide for the indigent sick of the 
COUntY ; 

6. To divide the county into townships and to change these as 
couvenience may require: 


l officers havine to 


eomposition of this cart see price 

peers Ue PeSheh weet wy whos 

pit CURT eee OLEAN 2 Siete. TS ae Say. 3 
PT: SPS er aot weet enh et Oy Pa A Eh eee ot ar aye 


s 


6 COUNTY ARCHIVES OF CALIFORNIA, | 


To establish and change election preeinets and appoum 
Ped and judges of elections: , F 

s. To control and inanage the property of the county and to. 
receive, by donation, any property for the use and benefit oe the. 
COunEN : 2 

9. To lease or purchase any real or personal property necess 
for the county, after a proper valuation by three disin ae 
Persons: 

10, To sell at public auction, after thirty days notice, any | pr 
erty of the county: 

11. To eause te be erected, furnished and kept in reps 
courthouse, jail or other public buildings. after sai Net 
duly aiyethned: 

12, To control the prosecution and defense of all suits toy 
the county is a party: 

15. Po do and perform all sich other acts and things as ma 
strietiv necessary fo the full discharge of the powers and ju 
diction conferred on the board, -. 

The hoard was directed to aet as a board of equalization, to vail 
the state atl couney taxes to be levied, to publish a semiannual s 
nent of the revenues of the county, and, by an order entered on 
record, to adopt, ratify and contirmi all the acts, pronetne 
contracts of the eourt of sessions heretofore made.” 

Subsequent legislition has erPany pede’ ite powers and | 


were inchided or implied in the enumeration above. It ee i 
ever, be well to nete some ef these ses powers as_ bi 
given in the dans ene: Me 


which animals aie heron ruin at large: 
19. To all vacancies in county and township offices, mie 
exceptions; Poe 
26. To destroy pests, such as gophers, squirrels, noxious 
and insects injurious to frnits or vegetable or animal lifes 
27, 2s. To preteci sheep, fish and game; - 
29. To provide for working of prisoners on public roads bn 
ings, etc: Rae 
31. To make local oalion) saitary and other regulations: 
a3. ‘To levy a tax for advertising the resonrees and ads mn 
of the county: 
39."T'o encourage tree planting; 
40. To protect nver banks ;* 
41. To replace indexes of county reeords destroyed by by Ge 
_other public calamity ;’ 
42. To preserve the health of domestic live stocks? ; 
43, To take a cepsns, in years other than those in which 
federal census is taken, of the county or wey. ‘owas nip or 
trict therein.® ~. . | ae = 
‘Stats. 1865 51 6 


“Pal. Code “038) $4094 poestn. 
“nbig. 5 4 


. 


= 


aoe 


. 


- 


Bai 


ee es re. Pe 


Se ee 8 ee ee eee eee, Mane eee 


ty 


TILE CLERK. at 


DESCRIPTION OF THE RECORDS 


The earlier laws contained only general provisions that the board 
of supervisors (or court of sessions) should cause to be kept a book 
in which should be entered fully the minutes of the board and all 
their resohttions, orders, decisions, judgments and decrees!’ The 
Political Code, adopted in i872. in defining the duties of the clerk of 
the hoard. provided that he must: (1) Record all the proceedings of 
the board: (2) Make full entries of all their resolutions and decisions 
on all questions concerning the raising of money for and the allowance 
of accounts avainst the county: (3) Record the vote of cach member 
ona division or at the request of any member: (4) Sign all orders 
made and warrants issued by order of the board for paviment of money 
and certify the same to the county auditor: (5) Record the reports of 
the county treasurer of the receipts and disbursements of the county ;: 
(6) Preserve and file all accounts acted upon by the board: (7) Pre- 
serve and file all petitions and applteations for franchises and record 
the action of the board thereon: (8) Record all orders levying taxes; 

Perform all other duties required by law or by any rule or order 


of the hoard! To which were added in 1883 the following: (10) 


Authenticate with his signature and the seal of the board the pro- 


ceedings of the board whenever the same shall be ordered published ; 


(11) Authenticate all ordinances passed by the board, and to record 
the same at length in the ordinance book." 

To attempt to analyze all the records to be found in the offices of the 
hoards of supervisors would be impractical. oA few of the more im- 
portant ones have. however, been selected for special consideration. 


Allowance Book. This is a book in which the clerk is required to 


record all orders for the allowance of money upon the county treasury, 


to whom made. on what account. date, number.’ This reeord is 


sometimes seus *Reeord of Clatms Allowed’? and is similar to the 


Register of Warrants or Warrant Book kept by the treasurer and 


- 


auditor, ce Which it is really a counterpart. 
Burial of Ex-Union Soldiers, Sailors and Marines. \ law enacted 
Iss requires that the board of supervisors provide for the proper 
burial of ex-Union soldiers, sailors and inarines, who die in the county 


or Mee aR a F « ‘ 
without sufierent means. the bial to be in charge of soime proper 


person and to be at a cost not to exceed fy dollars. The persou in 
eharee of the burial is reanired to make a report on the condition and 
history of the man and his family. this report with the other facts 


he ease to be entered bv ie wletle an So bool torte. Kesot, fas tae 


a 
Ph iia aes ne 


28 COUNTY ARCHIVES OF CALIFORNIA. 


Fokus peecae a: Tes minutes bi the ee of supervise 


of the alitioal Code to be Took. se ae ae Pie nepulas nines 
for under section 3682 of the Political Code the clerk is required 
= record in a eee to be kept for et pee all cheeeS mao 


ef anes ‘of en heane A eeuetiaenis cf many counties, th 
provision fora separate book has been disregarded, these entries 
ine S eees in the pei Minute eee of he sis pours the p 


- Franchise ie. ne 1s72 ae ee has bees rer to san 
record of each nieces eranted by ea hoard of Si eek. Bba ; 


eee aid algo fi chiens of 4 aie ne ees sessi 

of the hoard if can be seen that the value of the record, if prop 
kept. aust depend upon the amount of business taken up by the Be 

As previously meted. the duties and powers of the board COVER "A \ 
field of activity. ‘ 
The usefulness of these minutes will be recognized when it is ‘rem 
bered that they contain ithe record of the formation of townships. el 

>> tion precincts and school districts: election returns: the erantin: 
franchises: the issianece of county bonds: the laving out of high 
and building of bridves, school houses sack county buildings: a Ww 
as the goneral sippervision of all the activities of the county, | i 
Crdinance Book. This book was first adopted in 1883 and. as i 
name Huplies, contains the reeord of all ordinances ores © e 
hoard of supervisors.” 
‘Road Records, The Political ¢ ode, at the time of ite adopt 
A872, presexinps that the re of abe board should scone i a 


districts, including ordets Neng ee chee. and opening eee | 
a separate hook ne was is eee to age a Redon of es 


MPol, Code (1872); 4 ae 

“Pol Code ne! 73); 

"Stats. 1838. 202.< Po Fone, é 4049, 
. *Pol- Code (1872), 


' et. 


a 


(re 


i copa neal 


oes eee 


—. 


book, memorandum of accounts, fee book, special deposit record, and 


THE CLERK. 29 


to be incorporated in the minutes of the board, in addition to which 
the elerk was to keep a road register in which must be entered the 
number and name of each publie highway in the county, a general 
reference to its terminal points and course, also the date of the filing 
of the petitions or others papers, a memorandum of every subsequent 
proceeding in reference to it, with the date thereof, and the folio, and 
the volume of the minute book where it is recorded. 

In actual practice the road records show much less uniformity than 
might be expected. The common titles are Road Books, Road Min- 
ufes, Road Record and Road Register. These do not, however, indi- 
cate four different kinds of records, for an examination of the con- 
tents shows that the records usually fall into one of two classes. 
The first is a general road record and contains the minutes of super- 
visors and other similar entries relating to roads. It is, therefore, 
known as Minutes. Road Record or Road Book. The other is a record 
of each road or highway, the entries in regard to each read being 
assembled on one page in the form of a register. In keeping with its 
character this is usually known as the Road Register, although fre- 
quently known as Road Reeord. There are also in iany cases deeds 
to highways. road petitions, maps of roads, and other records relating 
to highways. | 


MISCELLANEOUS RECORDS 


In addition to the records already discussed, which the county clerk 
is required to keep by virtue of lis position as clerk of the courts and 
of the board of supervisors. there are many others which arise from 
his general duties as clerk of the county. Some of these ave diffieult 
of classification, since they might be classed in numerous wavs, but 
after careful consideration they have been arraneved in six subdivi- 
sions. For the sake of convenience the naturalization records are 
also placed here, though these are, strictly speaking, court records. 
There are, therefore, seven groups of miscellaneous records, as follows: 
(1) Offiee routine and eeneral duties; (2) Naturalization; (3) Reeis- 
tration; (+) Elections; (5) Marriage and publie health: (6) Pertain- 


ing to private business concerns; (7) Relating to other officers, 


OFFICE ROUTINE AND GENERAL DUTIES 


Under this heading are grouped such records as the clerk's cash 


others of this veneral character. With the exception of the fee book, 


Which is kept in some form by all clerks, there is but little waifornity: 


a aes. Looe she Geils COUle (LIS eS 25a, 


Higoirell the eae: of a tax of EP cents an sa perse i 
the military list for the support of the volunteer militia of the stat 


a0 COUNTY ARCHIVES OF CALIFORNIA. 


in the titles or form of these records, although they are in gene) 
similar in nature. In addition to these financial records there ar 
frequently others relating to correspondence, files of iniseclaneo} 
papers and the clerk’s land register docket, under ihe Torrens ; 
Aet. Other titles whieh deserve inere extended treatinent are con- 
sidered in the following paragraphs. 


Hunting and Fishing Licenses. The game Jaw cuacted Neceles dey 
107. required the county elerk to enter ina book kept for that prue- 
pose the name and resident address of every person to whom is isstied | 
a hamting license, and a deseription of such person, by age. height. 
race and color of eves and lair. The 1909 law repeated this require. > 
ment. Byanaet of June 16. 1913. a simular provision is tiade regard eo 
ing “Sporting fishing Heenses.”” Other doctiuents relating to gan - 
licenses, such as applications for Heenses and Heense stubs, are also: 
frequently kepi by the clerks. They are, however, considered : 
lierely feniporary records and are usually soon destroyed. 

Military Rolls and Military Tax, An act concering the preaniza ac 
tion of the aie sah a 10, 1850, provided that all freep 


Bee ae) estab ra ‘its State, ee not een by ae talk he subir oe 
to military duty.’ All who were not exempted by law, and not mem- 
bers of any volunteer or independent compaiy. were required to 
to the county treasurer two dollars a vear as a commutation for 
nonperformatce of military duty, Provision was made for enforcing — 
the collection of this military tax. This law also rey mes the ussesst 


volunteer or independent company. A certified copy of this list 
to be sent to the adjutant general of the state and the original Is 
deposited in the offiee of the county elerk.? 2 

An aet lanai April 25, 1855; ian eer the eariior ‘see 


The assessor was to assess this tax and it was to be colle sede 
returned in the same manner as other taxes” ndate 


i 
THE CLERK. aa 


An act approved May 9, 1861, repealed the previous laws regarding 
the militia but re-enaeted the section regarding those subject to imili- 
tary duty. This law also required the assessor, as before, to make 


out the military list of the county, which list was to be delivered to 


the clerk of the board of supervisors. These provisions were repeated 
in the militia act of the following year... An amendatory and supple- 
mental aet passed in 1863 levied upon cach male inhabitant of the 
state of the age of twenty-one vears an anmial tax of two dollars, to be 
known as the ‘‘military poll tax,’ to be assessed and collected in the 
same manner as the state poll tax. Voluntecrs in the United States 
army were exempted." 

The laws of 1855, 1861, and 1862 required the imuster roll of each 
company to be filed with the clerk of the county jn which it was located. 
In a few counties (as Solano and Yuba) were found muster volls and 
other papers relating to military companies organized during the Civil 
War, and it is probable that a eareful search of the miscellancous files 
would bring to light similar records in other counties. 

By the adoptien of the Political Code in 187 
regarding the militia were repealed or superseded, Sections 1895 to 
2117 of the code as then adopted had te do with the state militia. 


. 


2 ihe previous laws 


Section 1897 required the assessor each year to make out a military 


roll for the county, as under the earher laws, and to deliver the same 
to the clerk of the board of supervisors. The board of equalization 
must then correet the military roll at the same time as the assessment 
roll, and the clerk must send a copy of the corrected list to the briga- 
dier general of the brigade to which his county belonged. | In Tsa7 
this was amended by requiring two copies of the roll to be delivered 
to the clerk of the board ef supervisors. and in 1913 by requiring the 
nilitary roll to be made up only in each odd-numbered vear. and by 
substituting ‘* Adjutant General of the state for Brigadier General 
of the brigade.’** 


NATURALIZATION 


The federal naturalization laws give jurisdietion over paturalization 
matters to courts of record having a seal a clerk and jurisdiction in 
actions in which the amount in controversy is tulindted. Under the 


old system of courts this business was transacted by the district and 


county courts; smee TS8s0 if has been done by the superior court, 


=a) \ . 6 , ¢ . . . - 
In Los Angeles County all naturalization business as sinee Sune, 


1915, been handled by the federal courts. 


Pies: oP took s She a6 

eet TSO leh. 

Pole Cotte VENTS Sig SS 
| 


ths Sata, 
Poe SOE aie: ie “ 


Ne 


er 
~~ 


a=.” = he 


oe COUNTY ee OF CMAPORNEA. 


The first aatuaieneen law, passed March 26, 1790, Oey a 
siiple procedure. Citizenship might be conferred by any com 
law court of record upon a hearing in which it should be shown t 
the applicant had been at least two years a resident in the Uni 
States, and upon his taking the required oath of allegiance, s 
previous declaration of intention Was Tecessary, but the clerk 


nese of ie eauet, No pea record ‘sae seems to pe 
called for.” : 
The next law, passed January 29, 1795, made necessary the ling 
a declaration of intention three vears before the final application L 
adiission, and also Increased the residence requirement to five ye 
The sane provisions were included for recording the proceedings: us 
the previous law. From that time until 1006 the plan of natural 
tion remained imich the same, though there were variations in de 
and some special enactments at different times.?' So far as 
records were concerned there were no material changes, While t he 
Was Ho specific requirement in the statutes for special record book: 
exandnation of the records of the various courts in this state 
that special books were, in actual practice, kept for the record iy 
declarations of intention, petitions and certificates, and for nat 
tion indexes of various kinds, i 
A California state law passed in IS72 required the clerk of the 
to provide two books, in one of which he should enter in alphabet 
order the naines of all persons who, from the organization of the 1 
had declared their intention to become citizens of the United St 
together with the date of the declaration. In the other hook 
required to enter in alphabetical order the names of all perso 
iniited by that court to citizenship in the United States, togethe 
the name of the country of whieh each was before a citizen or 
Jeet; the date of adimission and the page of the court some boo 
taining the order admitting him.*- 8 
The federal naturalization law. approved -Tane 29, 1906, re 
1) A declaration of intention, to be filed at least eas yeas 9 
admission; (2) A Shares for serine rss to he filed” ‘mot 


Pam | 


this country after June a 1306; (3) as examination of 
the clerk at the time the petition is presented and a 
the court, after notice, at ace tite the if is vith 
rejected, 


State at Large I, 408. on? 
“Stais, at Large f, 414. Sige 
"Federal Statates Annotated fae index) 5 Rev, 3 Bo: 
og “Stats, 1871-21 80; Deering, Gen. Law Stiots), a tne 


nie aes 
‘ 


; THE CLERK, 33 


The blank forms for the declaration of intention, petition for 
naturalization and certificate of naturalization are furnished by the 
bureau at Washington, The permanent court records required by the 
law of 1906 are as follows: (1) The original declarations of intention, 
bound in volumes and numbered consecutively from volume to volume, 

beginning with number one in volume one; (2) The petitions for 
naturalization bound and numbered in similar fashion, together with 


| Ma a. iin 


a record of final orders upon the petitions for naturalization, which in 
the forms provided by the bureau is kept upon the back of the peti- 
tion, this book being called ** Petition and Record’’; and (3) The stubs 
of the certificates of naturalization.’ These latter are not always pre- 
served, 
REGISTRATION 

Poll Lists. These constituted the only official recister of voters 
between 1850 and 1866 and were retained to supplement the Great 
Register between 1866 and 1872. The act to regulate elections, 
approved March 28. 1850. required the county judge to furnish to 
each inspector of elections for each election two copies of a blank 
form containing one column headed **Names of voters’? and one 
column headed ** Numbers of votes’? with proper captions and eertifi- 
cates. At the time of holding the election the name of each person 
voting was t&@ be entered on these blanks. together with the number. 
— These poll lists were to be included with the cleetion returns, one 


copy of which was to be preserved by the inspector for at least six 
— months, and the other sent to the county clerk.” 

d The Registry act of 1866 did away with these earlier poll lists and 
provided for the preparation of poll ists before each election by a 


| board of registration for each precinet. This board was to consist 
of one clerk and two judges to be elected or appointed to serve for a 
period of two vears, The poll Ist was to be prepared during the 
ninety days preceding the election, and was to be completed on the 


thirtieth day preceeding the election, after which it was to be sent to 


the county clerk. who had it prmted. together with the other poll lists 
for the county. Copies of the printed lists were then sent to each 
—elerk of ¢lection, and a final revision was made by the board of 
a registration in the three days preeeding the cleetion, The poll list 


was to be inade ap from the uneéaneeled names on preceding poll lists. 
from the great register and from the oral applications of those entitled 
to be enrolled as electors for the election, The list was to contain 
columns for the number, name, date. ave, class (whether native or 


naturalized). occupation and address of each person enrolled. and a 


2A WES I, 2G Ce weg, 
, LSers LL at sag, 


Se eee ee ee oe 
ad i> "7 


34 COUNTY ARCHIVES OF CALIFORNIA. 


column in which the facet of his having voted or his vote having been 
rejected should be noted at the time of the election. These lists, cous. 
stituting a record of those who voted. were also to be included with — 
the eleetion retimns, as in the case of the earlier poll lists. Prior to” ng 
July 1. US67, registration in the great register was not a necessary 
prei ane to enrollment on the poll list: after that date it was, OS 
eept in the case of persons naturalized, becoming of age or coming 
into the county within thirty-five days preeeding the eleetion.” : 
The Political Code in 1872 abolished these poll lists. In a note the — 
Code Commissioners said: **We have abolished the poll list, 2.0. : 
have made provision by which the great register will penton all the a 
offices the poll lists were ever intended to perform. Experience has eae 


shown that the poll lists are prolifie sources of fraud. 7!" Pyar a 


Great Register, Before Ts66 no adequate restrictions were placed 
5 

Upon prospective voters as is now done by the registration laws. This | 
resulted dnomuch confusion aid frequent charges of corrupt er 
Whenever the elections were closely contested. The ** Registry Asko 
so called because it required the registration of all prospective voters, re 
was approved March 19, 1866. By its terms the county clerk was ren 
quired to provide suitable books to be known as the ** Great Register’” seg 
in whieh were to be recorded the names of all domiciled inhabitants — a 
of the county who were qualified electors and legal voters thereof, nie 

The form of the record and the manner of registration were atte 
forth in the Jaw and provided that elear and distinct entries er 
be made setting forth in separate columns the name of the person a - 
full; his age: the country of hits nativity; his occupation and exa S 
residence: and if a naturalized citizen, further data regarding ie 
naturalization were required, These statements were then- to her 
sworn to by the person registered and that facet stated in the record. - 
A further column was provided for the record of the cancelation of 
the entry. the cause of the eaneelation being stated by either of the z 
words **dead.”’ ee TSE or “infamous. To ass ae 


Was sepuied to manails and eine to’ the lent the names of all un oa a 
istered persons entitled to registration. Tle was authorized toa vc . 


ister the oath in the same manner as the clerk, and for his v 
received @ stated remuneration. In a few of the connties, ant | 
Contra Costa and Hiimboldt, these assessors” returns have been 1 
served in the county archives, $ 


a 


“Pal. rs Cate: (i872) & 10 
Commiasion, 1872.) 

WSiats. 1865—@ > 2838-301, 
a he 1865-6 -296; Pol, Cade (1872), $§ 1098-99, 1101; ge cna 

80: 63 3 


TIIE CLERK, : oo 


An amendment to the ‘*Reeistry Act? which did not materially 
afieet the manner of keeping of the records, was adopted in 1868," 
but otherwise the original provisions were incorporated in the Politi 
eal Code when it was adopted in 1872. At this time it was further 
provided that before the 5th of August, 1873, and every second year 
thereafter, each county clerk was to make out a copy of the wnean- 
eeled entries existing on the great register on the preceding first day 


a | 


of August. These names were to be arranged alphabetically accord- 
ine to surnames and numbered consecutively. These lists were then 
to be printed and copies distributed to each of the election precincts 
within the county and to certain other depositorics, libraries and to 
electors applying for them. The clerk was also required to file and 
preserve all affidavits returned to him by the assessor or used before 
him for the purpose of obtaining registration.*" ° 
By a statute of 1878 it was provided that all qualified voters should 
register anew in the counties of Fresno. Kern, Tulare, Stanislaus, 
Mereed, Amador, Butte, Nevada and Siskiyou! and other amend- 
ments provided that in other counties the board of supervisors should 
have the power to require the new registration of voters wheneyer in 
their opinion the conditions demanded it.?* 
In 1895 a more thorough change was made in the registration laws. 
The data required upon the affidavit made by the appheant was now 
extended to inelude the full name of the registered person; his busi- 


c 


ness or occupation: his age, height, complexion, color of eyes and 
hair; place of residence (ward and precinct); time and place of 
naturalization. if naturalized: the date of entry; post-office address ; 
sand whether or not the applicant was able to read the constitution in 
the Enelish language: to write his own name; and whether or not he 


7 =<2 Oe, Cee we 


was prevented by any physical disability from marking his ballot.** 
The clerk was now required to arrange the registration affidavits in 
precinet packages. At the end of the period of registration all these 
; affidavits for the county were to be arranged alphabetically and the 
substance of them entered into separate precinet books“! From the 


, 


data incorporated in these books printed copies of the great regiscer 


_ ‘ ‘, P . 
were to be prepared either for the county as a whole or by precincts. 
nah 

— In counties where if was not required that a new registration take 


place, supplemental registers were to be printed. These printed 
a 


coptes were then to be distributed among the officers, election boards, 


miomies, ate? Since these contanr all the data entered onthe 


ie 
Pcs i 
original affidavits they are a very valuable source of information. 

Gs pee, 

PRS Te. if Spee Od Ty 

PAT Oe VAaH S ln Se LOL 1 Pha, 

ats; IS77—S: G0s-94:; 

VMs Tsvt—o . 2627 > TRSis 4s. 

Bee Tats) hee ay ae dei, AC MOL OS, Se VDD. i, 

STUN Pate Pal Code: ] 
SS he upse oles 2 Rol, odes s 


a) 
De 


! 
78 ioe 


She 


36 COUNTY ARCHIVES OF CALIFORNIA. 


Further adiendinents to the code in TS99 required that in all ne 


cowities Gf the state a new registration should be made on cach ey 
miinhered year, At this time a few changes were also made in 
data required on the vegistration affidavits: complexion, and color ¢ 
eves and hair were omitted: while on the other hand, the state i 
Which one was born was now required as well as country of nativity. 
Within fifteci days after the close of registration the affidavits 
owere to be arranged for each preeinet alphabetically, in order of st 
names, These, both originals and duplicates, were then to be bor 
into books and a sion index prepared for each book, the inde 


in the sae Rhee Ta 1903, the Political Code was fm | 
amended to require that all affidavits of registration pe preserved. f 
at Jeast five years from the date thereof, but that after the aff 
and duplicates had been preserved for that period they might, 
the order of the board of supervisors, be destroved.** 

The eed ae of the great register was (iscontinned a an am 


sisi me ree suai hot copy the Oe shoes ss the affidavits ¢ 
part of his duties" These affidavits inust be preserved for five 
bat after that time may be destroyed. An index to the regist 
afiidavits, viving numbers, names, ages, occupations and add os 
maust be prepared within five days after the close of registration, 
privted io the number of at least one hundred copies; a general 
of all the preeinets arranged alphabetically by precinets must t 
He cnade, one copy of which is to be kept in the clerk's office: for 1 
reference,” 


made in the form of the registration affidavit. An amendment 
Political Code approved January 9. 1912. provides that the w 
must show: the full name of the persen; sex; oceupation; 
country or state of nativity; exact place of residence: polities | 
Von, iPany: place of naturalization, 1 naturalized ; date and 
merrage aud name of person to whom married, if eitizens 
thereby acquired; the date of registration; post-office addr 
ability to read ihe constitution, ete., as in the earher aftiday 
The registration law as it now stands is not materially | 
from the early acts and amendments of which i is the 
sine ISP Fey Melvins 
sotets, Fs98282 5 ee $8 1108, 1113-1116. 
"State. 1909; 2008 : j Pol Code, § 1108. 


"Pol. Code, 
"Stats. 1911 (extra session), 196, 


THE CLERK, 37 
outgrowth. It provides for the complete registration ef voters in 
pach even-numbered vear. The registration aflidavits must be made in 
duplicate. The data required upon them, while not so full as under 
— the earlier acts, is somewhat more explicit and requires that the affiant 
sien the affidavit with his or her accustomed signature. These atii- 


davits themselves form the great register, the originals being arranged 


aes 


alphabetieally by precincts and bound in this order, while the dupli- 
cates are filed in a strictly alphabetical manner without any regard 
to precincts. Indexes to the precinet books are prepared and printed, 
containing the numbers, names, occupations and addresses of the 
electors as they appear in the registration books. A) general index 
of these books, arranged alphabetically by precincts, must be bound 
and at least one copy kept in the office of the county clerk for publie 
reference.” 
~The Great Reeister. since it ticluded the names of all the voters in 
the county and gave a ereat amount of detailed information regarding 
—eneh individual, can not be overlooked as a valuable souree of infor- 
mation, both to the student of history and social science. It is, 
therefore. deeply to be regretted that it is no longer kept as a record 
and that even the affidavits may after a few vears be destroyed, 
— Some of the counties, realizing the value of this as a record, have pro- 
vided for the continuation of the Great Register. 
‘ 
ec . ELECTIONS 
Electicn Returns. The act to regulate elections, approved March 
23. T8590. provided that the election returns, consisting of the poll list 
and tallies, with a certificate attached thereto stating the mumiber of 
— votes each person received and the office to fill which such votes were 
cast, signed by the election officials, should be made up in duplicate, 
one set to be retained by the inspeetor and preserved for at least six 
‘ qonths, the other set to be endorsed ** Election Returns and sent to 
— the eounty clerk. The ballots were to be destroyed, The clerk was 
required, from the returns of the various precincts, to ‘estimate? 
the vote of the county and draw up and sign a statemeni of the same, 
containing the names of the officers voted for, the muamber of votes 


a 


ieee at each precinet by each candidate for the offee. aud the totals 
: for the county, which statement was to be filed. together with the 
v 

| , 


retirns from cach precinet. in the offiee ef the court of sessions? Tn 


oo the last phrase was amended to read ‘tin the office of the county 


Terk.) Pa T8610 an important amendment was adopted. providing 
that the returns should be canvassed by the board of styperyisors and 
the detailed statement of the result entered by the eleris tpon the 


reegrds of the board” 


OhsCintie CTAIG. S. LOS sre: 
Papas ee SOE gat ie Nh, 
Ser eT hol: 

THHISS 2S 


38 COUNTY ARCHIVES OF CALIFORNIA. 


In TS65 the law was further amended by a requirement that the ha - 
lots. iustead of being destroyed, should be strung on a thread or cord — 
wid dee with oe returns sent to the ae ee This enabled — 
demanded: The ballots were ing be kent - the pie at least six 
mouths.” In the following year a record of challenges and oat 
adiministered was required to be kept by the election officials and 1 
claded with the election returns. but this law was repealed two ve 
later? Th TS66 an amendment required the election board to kee 
yiiaoene From the poll list. a list Leas voters, asia the names of cn: ; 


phon at eed to the nen of bcd hame, This list was ie be itn ~ 
with the retims sent to the county clerk. z 


in the Polen Cade adopted that year. These Sree were ie 
lows: The ballets were to be sealed up in an envelope separate ! ; 
the other returns. Dut otherwise sent in as before, and to be ke 
nnepencd, by the county clerk for twelve months and then, AE: r ie) 
required by conrt actions, to be destroyed. The returns sent to the | 
county clerk, under seal in charge of a member of the election board 
selected by lot, were to Inelude the copy of the great register (whic 
had now taken the place of the poll st) upon which the names— 
those voting had been marked, all certificates of registration rece 
by the election board, the list of persons challenged, one copy of 
list of voters and one copy of the tally list and list attached ther 
As soon us the returns were canvassed the clerk was required 3 
the copy of the register returned and file it in his office." 

These provisions have remained in the code and are the present | 
with reference io election: returns, pea as herein noted, Tn I 


cai iitist ne ‘ages of the suite iat aw copy of the result of the 
votes cast, and transmit one copy of the same, unsealed, to the com 
elerk. te be kept open to public inspection.” In 1899 a provision 
inserted that an ay person ee to vote shall write his Hane 2 SBOE m 


hy the een an and sent, im the same manner as ie 
tnrns, fo the county clerk, who shall open all the rosters of vot 
heep them open for public inspection for one year Tn 1915) 


“Stats 1869 :354, 

Stats, 1863- : 7468 ;-1865- 6 (312. 

*Stats. 18§5- 

*Pol, Code Cagiay. of 1269-1383, 

“Siats. 1899:83; 1901 <5, 

“Stats. 1899.:62 - 7208 2622; Pol: Code (1915), 2) i204, nk 


“ree ea 


wer «17a = eee 


THE CLERK. 39 


provided that the list of voters, tally list, ete., theretofore required 
to be retained by the inspector, shall be sent to the county elerk and 
by him kept open for public inspeetion for at least six months.” 

In a few of the counties are to be found election returns for the 
early periods. In Tmboldt County especially they have been pre- 
served for the vears 1853 to 1872. Since they contain the names of 
voters in each precinet as well as the mumber of votes cast on each 
issue they are of great value. During recent years the election re- 
turns have ceased to be considered historical records and are kept 
only fora brief period for use in case of dispute. The Minutes of the 
Supervisors contain the result of the canvass of the returns and, in the 
absence of the returns themselves, constitute the most valuable record 
in reference to these matters. 

Certificates of Nomination and Nomination Papers. These are 
temporary records and it is sufficient to consider them very briefly. 
Beginning with 1891 it is required that certificates of nomination made 
by conventions and nomination papers, including those filed for the 


purpose of getting the name of a candidate on either the primary or 


r 


ee MP ee 


general cleetion ballot. shall be filed, in the case of county offices, 


with the county clerk, who shall preserve them for two vears and then 
destroy them"? . 

Verification Deputies. Under the Primary law, since 1909, signa- 
tures fo nomination papers have been secured by what are known as 
“WVerifieation Deputies.’? These are persons appointed by a candi- 
date or his proponents according to form preseribed by law. The 
document by which such verification deputies are appointed shall be 
filed with the county clerk.** 

Record of Nominations. The Primary Election law of 1911 contains 
a provision that the offieer with whom nomination papers are filed 
shall keep a record in whieh he shall enter the names of all persons 
filing the same, the party, if any. and the time of filing. An amend- 
ment approved January 11, 1916, says that he shall enter the names 
of every person presenting nomination papers for Bees the name of 
the candidate, the title of the office, the party. if any. and the time of 
filme 


Record of Delegates Elected to Conventions. In the general pri- 


mary law of 1897 a seetion is included providing that the clerk mus‘, 
Ina proper book, record the names of all delegates elected to conven- 


tions, with certain data in reference thereto, fn 1899 this provision 
Was Incorporated in the Political Code. but in TOT was repealed! 


eekatiss. sb hs. 2G, 

Pitiee Lit iabGn theme. LOT TNL efiaege EPI TaN cf eqes WIR: LIS ee seg.c 
Pees. Sala, 

SMCS ay, aS TUN, La, PI Sees By 


eks Pe Cece LOE LEN eoRston isn, 
Meiguues I bute oe el Oe Kepyoe Pa OT enee, 


40 COUNTY ARCHIVES OF CALIFORNIA. — = 


are qany others of more or less caper sats: iieies names, however. 
In most cases ies gaa the nature of their contents, 


the record of official ballots. ead wf eens hi vene: Mitecisate of ae 
candidates” expemses. ete, a 

In Napa County was found a ‘Register of persons votine aaa 
when.’ covering the years IS76-i87S. This is an interesting reco 


pis hy means of columns. seen Across double pases, vi 


or A he pees es prec act yotiwe in. with oleimnies to show | 
the record of ie vote for a period of six vears. Am 


MARRIAGE AND PUBLIC HEALTH a 
Marriage Licenses. The Civil Code (March 21, 1872) first set down 


the inarriage ceremony, section 69 of which provided that the parties 
Wishing to be married must first obtain a leense from the clerk of 
the county court showing: 1) the identity of the partics: (2) the 
and full nannies and places of residence: 02) that they are of sufficient 
‘age to be able to consent to marriage: (4) that if the male is under 
twenty-one or the female under eighteen, that the consent of the par. 
ent is given or that the pariy had been married before, 

Two unimportant amendinents were made in this section of th 
code® before 1905, when it was amore thoroughly revised. it: ie 
now required that the applicant must show upon oath the facts « 
manded in the earlier law. while inarriages between certain races 
the marriage of Tbeciles, disane persons or persons under the ii 
ence of intoxicants are forbidden.’ : 

There is no uniferm rile followed byw all the clerks in : ee 
Inarringe records. By sate the stub-boolks. from whieh the lice bs 
has been detached. are eareiully preserved, but others make 
attcinpt to preserve them. Many bui not all retain the attidayy 
The marriage records kept by the recorder are imnieh more satisfar ‘ 

Record of Medical Certificates. ‘The first of a series of avis rey 
ing the registration of persous engaged in professions having 4 
with the public health of the people of the state was enacted Ayn 
1876, ¢ dep a state board of examiners who were ta grant 2 mee 


‘ 


“Code Amadis. 1372-4: 186; 1880: 3. 
Stats. 1905: 182. 
HCiv, Code (1915). § G2-65, 


TITE CLERK. 41 


purpose the clerk was to keep a book which would contain a complete 
list of the certificates recorded by hime’ In 1901 this act was re- 


placed by a new law providing for a board of medical examiners but 
prescribing for the county clerk duties similar to those previously 


> required.” 
. Register of Dentists. On March 12, 1885. an act requiring the reg- 


istration of dentists was passed. A board of examiners was created 
to pass upon the qualifications of applicants and it was made unlawful 
for dentists who were not already practicing to begin practice without 
first obtainine a license. Practicing dentisis were required to file 
their names for registration with the county clerk within a period of 
six months, and all new appHeants who had been granted licenses 
were to register before beginning their practice. For this purpose 
the county clerk was required to keep a book to be known as the 
Register of Dentists.” An amendment was made to the act in 18938, 
and a more complete change in 1901, but neither affected the manner 
of keeping the elerk’s reeord.?? 
| On March 20, 1803, further changes were made, amone them being 
the requirement that the appheant give his name, age, office address 
and number of his icense; and in addition file an affidavit that he is 
the party mentioned in the license. The affidavits were also to be 
placed on file in a bound volume.? 


Register of Osteopaths. On March 9. 1901, the State Board of 
Osteopathic Examiners was ereated, with power to pass upon the 
qualifications of persons applying for osteopathic licenses. These 
— Hivenses were to be recorded with the county clerk in a manner similar 
to other medical licenses in a book known as the ‘* Register of Osteo- 
paths.""! On March 14. 1907. the State Board of Medical Exaininers 
owas reorganized to inelude members of the Osteopathic Association 
and to them was given the power to grant licenses to osteopaths. 
: The clerk was required to keep a record of all certificates filed with 
him. These ave kept in the same volume known above as the “Ree 
} ister of Osteopaths,’ °° 

3 Register cf Optometrists. On March 20, 1903, the California State 


Board of Exaininers in Optometry was created, Certificates were to 
he eranted by them to persons qualified to practice optomeiry. These 
were to be presented to the county elerk for record and placed ina 
record hook provided especially for that pnepose.” 

Register cf Pharmacists. The State Board of Pharmacy was 


cereated in S$) bat the law required no records of licenses to be kept 


LS paar > ote 
fetta { —, 
(= 
PC ie a 
NG) ey (Poa | 
TAG 3 


LAs 


42 COUNTY ARCHIVES OF CALIFORNIA. = 


passed which provided that the county clerk keep a record of certifi 


cates eranted by the state board in a manner similar to other me 
certificates’? 


PERTAINING TO PRIVATE BUSINESS CONCERNS 


Articles of ae All the laws caiaieas corporations 


in stay CUSeS oe nie artic es were to is filed in the ra rae 
secretary of states” Ina few cases the articles were to be filed in the 
office of the pene! Regen ee 


was cxoviden a an aeaies ", Lente suai he filed in- 
scent SS the p SOan ey ci of the ene. where the business 2s the eo 


i tgoaurax in the eat of any Eonneey ad body Sei as rete 
companies, churches, fraternal societies. private schools, ete. The 
usnally contain a statement of the purpose of the organization or 
constitution and by-laws, the names of its directors or officers, if 
its Whole membership, the date of organization, and other informat 
of this charseter. Ta dana cases later dociinents are filed or reco 
showing ¢lianges in officers and containing financial and statistica 
reports, As a usual thing the original articles are filed, although in 
soine epses they have heen copied in full into a record book. An in 
io corperations ahoost invariably accompanies these articles, 
Rural Cemetery Associations. [i 155! a law was passed provid 

for the organization of sueh associations. The officers were req 
to file bible the rangle elerk a certificate simular to articles of 


priated ‘n the recording of ssricles of iicoraniatiod 10 

Pond and Surety Companies. In 1907 un amendment to the | 
eal Code vequived the county clerk to keep as one of his records: 
volume to be labeled ‘‘Bond and Surety Compamney the pa 


State 18917:8G< 1893 °568- £903 <259- 1906 3 
Stata. 1850-36), ir 369, 87%, S74; 1853 :8 
$4: 1862:125: 1865-6743. 
“Stats, 1860:358. 360. 375 :) 1881-434. 
“Stats. 1853 :171. 274; 1854 5237. 
"Civ. Code, % 296. 
Stats, 1859 :281, 


ao 
7; 1855 808% 1857.75% isso 


% 


~ 


THE CLERK, 43 


which must be divided into columns for entering the name of the ecor- 
poration, name of state, territory or country under whose laws it is 
organized, date of the certificate to do business in this state, date of 
surrender, revocation, ete., of such certificate, date of new authority 
to do business." 4 

Firms Under Fictitious Names. The Civil Code in 1872 provided 
that on a change of membership in a firm continuing the use of a part- 
nership name the person acquiring the right to use such partnership 
Name must fle with the county clerk a certificate stating the name of 
each person dealing under such name and the place of residence of 
each member, The clerk was required to keep a register in which he 
must enter in alphabetical order the name of every such partnership 
and of each partner therein.”? In 1s7+ amendments to the code made 
these provisions more specific. It is required that every person or 
partnership doing business under a fictitious name must file with the 
county clerk a certificate stating the name and residence of each 
member. The elerk must keep a register in which must be entered 
in alphabetical order the name of every person doing business under a 
fictitious name and the name of every such partnership and of each 
partner thereof." 

RELATING TO OTHER OFFICERS 

In addition to those records that pertain to the duties of the clerk 
himself, his archives usually contain many records of. or relating to. 
other officers, which have come into his possession as clerk of the 
county and therefore custodian of many documents and reports. 

Federal Census Returns. The act of March 23, 1850. which pro- 
vided for the taking of the seventh and subsequent censuses of the 
United States required 
after the time specified 


that “*Each assistant shall, within one month 

for the enumeration. furnish the original cen- 
sus returns to the clerk of the county court of their respective 
counties, and two copies, duly compared and corrected, to the marshal 
of the district.” 

For the census of 1S60 there were no changes imade in the law. as 
the only legislation regarding the taking of the census was contained 
in the appropriation acts. Before the census of TS70. an act was 
passed amending the law of 1850 by extending the time for making 
the reports and meking a few minor changes.” 

Since the census of 1850 was taken before the counties of California 


were filly organized it is but a natural consequence of the time that 


mene of the returns of that vear are to be found i the county archives. 


There are, however, reasons for disappotutment in that not more of these 


Sas ke Sia dole Amie tf DENTE Ses ae 

Epsiels Raties WME Sep | ys SAG Gin. Shy, 

LENE ONS an aes Behr ET COs OL Way SS OAs a, 

Pit aii het OMe hat ee, Cl aCe aie Mine. eh Bese. Ty Se LAE) 


ve 


44 COUNTY ARCHIVES OF CALIFORNIA, ae 


retis for TS60 and Ts7 have survived. For the former year, only 
Del Norte and Yuba have preserved them: for 1870, Alameda, Hum- 
boldt, San Francisco and Sania Barbara. The great value of these | 
returns to the historical worker is too well known to require much — 
stress, An exatuination of the published censts reports indicates the 
wide ranve of information gathered by the census marshals, It | 

should, however, be noted that these original returns contain not only — 
the facts shown in the published reports but much more detailed — s 
information as well, for in them the unit is the individual. not the * 
state or county? At the time of the census of 1880 a new aet was 
passed, section 6 of which requires :> qi 
~Kach enumerator, immediately after completing the enumera- - 
tion of the population of his district and before forwarding the — 
sine to the supervisor, to make and file in the office of the clerk 
of the county eourt or in the office of the court or board adminis-_ 
tering the affairs of the county to which his distriet belongs a list — 
of the names, with age, sex, and color, of all persons anmcneees = 

by him, which he shall certify to be true.’ ‘ 
The laws for all the later censuses have omitted this requirement, 2 
Three counties, Thunboldt, San Joaquin and Santa Barbara, contan 
these lists. Since they are iuerely lists of names they are of little 4 
value as compared with the returns of the earlier censuses. 
Humane Officers. Section GOT ue of the Civil Ml ei al method : 


sear the mumber of tis een acon of the nation ee x 
ing him. and date of tiling of the appointment.” While these books — 
are to be found im most of the counties, they, as a rule, contain Vo 
Tow entries, | 

Justice Court Dockets. As the name implies, this is a docket Kept 
ba the justice of the peace. Since the law dees not require that all 
Justices court dockets be deposited with the county clerk these 
are not to be found in all the counties, and even where they are fo 
they are ustally incomplete, both as regards the period of time a 
portions of the county covered. For the earlier years they hav 
been found to be of greater value historieally than the — E 
more recent years. Rea 

Other Records. [Besides the records above enumerated, a ml 
of others are frequently found, for whose presence in the ¢ 


“In this connection it ahould be noted that a full’set of the ratarne, of the 
Census of 1260 is to be found in the archives of the secretary of Siate., 
sae Pei! ype yee a contain the returns of the state Lets 

ts, 2 r 
Stats isi2; Ee cr ore bode (1838), § ooTvy, 


THE CLERK. 45 


office there seems to be no very specific statutory or code provision. 
Among the more important of these the following should be noted: 
Notanial records: Coroner’s registers: Public administrator’s ree@ister, 


and various other reports and account books. 


46 COUNTY ARCHIVES OF CALIFORNIA, 


THE RECORDER 


GENERAL PROVISIONS 


Que of the two most important record officers in the county is th 
recorder, for though he does net have the variety of duties and recor an 
that pertain to the clerk, his records are just as essential in a we ell a 
ordered system of government. While the duties of the clerk are — 
largely administrative and his records are accumulated as a result ee 
his adininistrative activity, the recorder is essentially an archivist, his ‘ a 
chief and only duty being to see that the instruments presented to him e 
are properly transeribed into permanent record books or otherwise 
safely filed, =: 

Sinee Tss0, when the office was created. the duties have gradually 
been Inercesed through statutory provisions requiring that additional 
kands of instriments be recorded. The act which created the office of 
eounty 3 recorder, set anew his duties to he as iad 


‘ted od bee in his offic e, apne it shall be his duty to peboke or case 
to be recorded correctly : 

Tsi. All deeds, mortgages. releases of mortgage, convevances, 
deeds of trust, bonds, covenalts, powers of attorney, leases, tran- 
seripts of judgments, or other instruments of writing, whereby j 
real estate ts conveyed or may be affected, which shall have 
proved or acknowledged according to law and anthorized to be 
recorded, 

Youd. AL papers and deciunents found in or transmitted to their a 
respective offices, of and concerning lands or tenements, and wh 
were received from the Mexican authority at the change of a. 
ment, 

Sra. All marriage contraets and certificates of marriage, 
deh. AL) commissions and official bonds required by law to 
recorded in their offices, | 
Sth. All transeripis of judgments from the District 
Justices’ Courts whieh by law are made liens upon real estate 
meatier of record.”* . 


Oijher sertions provided that ‘‘the several elasses of fastens 
writing Scryhiae te in the several subdivisions of the ohare 


recorder should also keep a set of books *‘for the registration of 1] 
separate property of the wife, and shall record all instruments: 
writing relating thereto, in the manner preseribed in this Act 
recording of other instruments required to be recorded) 


—_ 


‘Stats 1850: 151-152, 


as eae 


Laie ee 
emma 1 id 


Nes ola bial sce 


nou 


THE RECORDER. 47 


Since 1850 many other kinds of records have been added to the list 
of documents authorized or required to be recorded. In 1s51 the 
following five sets of records were specified in addition to those 
previously named: Wills admitted to probate, mechanics” liens, notices 
of attachment on real estate, notices of pendency of an action affecting 
real estate, and notices of pre-emption claims.* 

At the time of the adoption of the Political Code in 1872 a list of 
instruments which must on application be recorded was incorporated. 
This list is practically the same as that adopted in the statute of 1851, 
with the addition of the following titles: grants, mortgages of personal 
property. and births and deaths.” The provisions of the present code 
are as follows :* 

“TIe must. upon the payment of his fees for the same, record, 
separately, in a fair hand, or typewriting, in large and well-bound 
separate books. either sewed books or an insertable leaf, which 
when placed in the book cannot be removed: 

1. Deeds. grants, transfers, and mortgages of real estate, releases 
of mortgages, powers of attorney to convey real estate, and leases 
which have been acknowledged or proved. 

2. Mortgages of personal property. 

3. Certificates of marriage and marriage contracts. 

4+. Wills admitted to probate. 

5. Official bonds. 

6. Notices of mechanics” hens. 

7. Transeripts of judgements, which by law are made liens upon 
. real estate in this state. 
8. Notices of attachments upon real estate, 
9, Notices of the pendency of an action affecting real estate, the 
title thereof. or the possession thereof. 
10. Instruments describing or relating to the separate property 
of married women. 
11. Notices of pre-emption claims. 
12. Births and deaths. 
13. Certified copies of decrees and judginents of courts of record : 


14. Such other writings as are required or permitted by law to 
be recorded,” 

Realizing that the documents must not only be copied into books 
Int that they must be carefully and permanently preserved and also 
made readily aceessible to the publie, the legislation on the subject has 
always speciticd that the recorder shall keep ‘*stitable well bound books, 
wherein shall be recorded in fair and legible baud all instruments of 
writing authorized or required to he recorded.” Other seetions 
required the keeping of an index to each volittne of records as well as a 


Seo rais, . dye 2 ; 
re, do owte CTs ie Stes 

=Pol Gade 0191s}, < Sed See references to Acts of D907 said, Inter appear in theese 
tes hie Sire Of Lin archinies was ten alread. prietically com pleged 

Pao wl ye sal, < Snee TBs 


2) 
| 
= 
1 
Te). 
jedi) 


48 COUNTY ARCHIVES OF CALIFORNIA. 


veneral index.” Since the indexes are so constantly used by attorneys 
and searchers of tithes they are as a rule prepared and preserved with 


J 
as mitch care as the records themselves. With the changes brought — | 
about through the invention of the typewriter and insertable leaf : 
record books the statutes were modified to permit the use of these new r 
forms." h 


PRE-STATEHOOD RECORDS esc 


a. 
From the historical point of view the most interesting documents 
in the arehives of the countics are those dealing with the period before: 
the formation of the state government in California. Since these are— 
unique in character and are of such ercat value they have been listed - : 
separately in the main body of this report. Wile not all of the | 3 
volumes or documents listed as pre-statehood records are to be found 
in the office of the revorder, the greater part of them are so located ; it : 
is therefore apprepriate that they be considered in connection with the — 4 
records of that offiee. They may be divided into four classes: the first — 
iwo divisions, which are almost entirely im Spanish, contain records 
relating to the Spanish and Mexican periods: the others for the period | 
of conquest, TS46-1848: and the gold era, 1849-1850, A a 
Early Spanish Period. Fortunately there have been preserved in 
Gir local depositories records pertaining to that period when the first ; 
Europeans took possession of what they then called Alta California. — 
Although but fragments of the original great body of records, they — 
nevertheless constitute a most valuable source of information near 
eouditions and events during that most distant past. The great bulk 
of the official Spanish manuseript doetiments relating to California, — 
Which came inte the possession of the United States upon the transfer — 
of sovereignty from: Mexico, were placed in the custody of the United — 7 
States surveyor-general, bound in seme three hundred volumes, and Z 
Housed ju San Francisco, Unfortunately the great fire of 1906 des- 7 
troved all but about a score of these volitmes and left the remainder bee 
a condition which renders them almost ineapable of use " 
Before the disaster which so nearly wiped out the arden ol the 
survevargeneral, a portion of the docimments had been returned to the. i 
separate counties. With the loss of the general archives the importanes oe. 
of these sinaller, less complete collections has been inereased, — ad 
researches of this commission have shown that reeords of this od } 
are to be found among the avebives of several of the counties and cities. - 
The largest and undoubtedly the most valuable of the local nails 
“is that inthe archives of the recorder of Monterey County, ‘This god hers: 
nse consists ol sixteen volumes of bound documents dating from 1781 x 


os 2 


Stats. 1859: 152, Secs, 12, 14, nk Aa 
"Stats. 1906: 47— ie 


Ce 


- 


7 


ee oS ee oe ee a 


cs 


TiTE RECORDER. 49 


to 1850. In most cases these are the original documents and were 
bound while in the possession of the survevor-general. They include 
the official reports of the leeal Spanish governmental and mission 
authorities. letters, addresses. proclamations and records of petty court 
proceedings. ‘Since Monterey was for many vears the capital of Alta 
California these documents doubtless contain much very valuable 
information. In the county archives at Santa Cruz are to be found 
somewhat amere than five hundred original documents covering the 
period from 1797 to 1845 similar in character to those just deseribed. 
Search in the other county archives met with disappointment, for 
in many. where it was expected that Spanish records would be located, 
nene were to be found. In some places. however, a search revealed 
documents of a similar character in the city archives; this was especially 
the case in San Jose. one of the old pueblos of the Spamish regime, In 
the vault of the clerk of that city were found six volumes labeled ‘San 
Jose Arehives.”° These contain original documents dating from 1792 
or carer down to the end of the Mexiean period. The unsystematic 
manner in which the documents were bound prevented anything hke 
an accurate description of the range of subject matter or dates covered 
in these volumes, exeept by a more complete examination than was 
possible in this preliminary survey. That these collections of doeu- 
ments will prove most valuable to the student of Spanish provincial and 
Jocal history there can be no doubt. 

Mexican Régime. As inight be expected the records relating to the 
period of Mexican control ere mueh more numerous and varied in their 
nature. These documents may be grouped into two general classes: 
First. those relating to land titles: and second, those whieh were formed 
as resilt of the administration of the government. The former are 
more widely distributed anione the counties. but the latter are more 
Varied in their character. The two most important collections of rec- 
ords relating to this period to be found in the local archives are in 
those of Los Angeles and San Francisco. In Los Angeles, one volume, 

“Reeord Book AS contains alealde documents covering the dates 
following Ts25. Accompanying it are velumes of documents relating 
to the prefecture of Los Angeles from 1834 down to the American 
period, With these are other doetuments apparently of more local char- 
aeter Which are in the custody of the clerk, Tn addition to these records 
In the county avehives, there are other volumes for the same period in 
the archives of the city, aimone them being minutes of the ayinta- 
wento. land petitions and financial records. [In San Francisco the 
Mniber of records extant fer this period is greater than in Los Angeles. 
although it is doubtful that they are as Hnportant historically. since 
relate e@hnost entirely to Land tithes and matters of a local nature. 


54121 


a0) COUNTY ARCHIVES OF CALIFORNIA. 


contrast to these dand records which may appear to be more or- 
uninteresting isa book of uniqne character in the archives of Monterey) 
County, namely the ** Record of Official Acts of Thomas O. Larkin.’ 
pion the record pet Is short, it pe an ea idea of hel 


a fae power, 


Period of Arnerican Conquest, 1846-48. Records dealing with eve 
during the period of the conquest of Alta California by the Uni 
States forces are to be found in the archives of Los Angeles, Monte: 
Sen Francisco and Sonoma, the chief centers of interest during t 
vears, In Los Angeles and Monterey these are in the form of d 
ments bound tegether with those of the earlier regimes; in San F1 “at 
cisco and Sonoma, on the other hand, they are more voluminous | 
maintain their jdeutity in separate voliunes. In San Francisco t 
wreater part of these relate to land matters, being cither the regist 
property acquired under the Mexican government, or the record of 
by the local alealde Gy magistrate, as in the case of alealde grants 
the sale of beach and water dots. But there are some miscellan 
records whieh contain items of amore than common interest and ¢ 
oceasional book ef peculiar character, such as the ledger of 
Bartlett for the vear 1846-47, which appears to be a full ‘fing 
report of the receipts and expenditures of the local government 
this period. The Sonoma records are of interest. in view of 
importance of that place as a settlement and of the part taken \ 
and its inhabitants during and following the Bear Flag revolt | 
1846. Phey consist of a docket of the Justice Court at Sonoma, 2 
Isd6—April, 1s47, alealde records, land claim records and deed 


The Gold Era, 1849-50. The cra of the conquest was qu 
followed by the discovery of gold and the resultant influx of popula in 
The transition period was sheri, the balanee being shifted rapidly ‘On 
the old easy-going Spanish way of doing ta the more. Agressive 
Saxon iede of life, As a consequence inany of the records: 
break whatever; until the adoption ef the state constitution 
the forras of thet govertiment were not changed from the ear 


The local records during this period, are therefore Sis 


of alealde and ihe court of first Tasos. both of ehh were 
Spanish in nature? Unlike anything in the Anzlo-Saxon fe fu 
ernnient, the powers. hig duties of the alealde were: " 


THE RECORDER. 51 


some extent autocratic. ‘The following description of the alealde is 
well illustrated in the documents in the county archives: 

‘Studying his multifarious functions, we discover with admira- 
tion, not unmixed with awe, that one and the same person was 
often supreme judge, elerk of court, town-constable, sheriff, 
recorder, treasurer, Justice of the peace, land-officer, governnient- 
agent in land deliveries, superintendent of roads. town board of 
health, board of school-trustees, arbitrator in petty disputes, gen- 
eral advisory board for young and old. and even, near the coast, 
judge in admiralty to pronounce upon all marine cases.”"! 

Although the records of many of these interesting officials have 
doubtless long since disappeared, there are preserved in the county 
archives dockets, ledgers, and other records originally belonging to the 
alealdes. The counties in which alealdes’ records have been found are 
as follows: Contra Costa, El Dorado, Marin, Monterey, Napa, Sacra- 
mento, San Francisco, San Luis Obispo, Santa Clara, Santa Cruz, 
Sonoma, Sutter, and Yuba. 

The records of courts of first instance are found in many cases to 
accompany the records of the alcaldes. In Los Angeles and Santa 
Clara they date from 1847, but i the other cases they are for the 
period following September, 1849, when by Governor Riley an attempt 
was made to put into execution the full form of government as pre- 
scribed by the laws of Mexico.? These are to be found in Sacramento, 
San Joaquin and Solano counties. 


RECORDS RELATING TO PROPERTY TITLES 


Unauestionably the most important records to be found in the office 
of the county recorder are those relating to property titles. Since it is 
recognized that the security of the tithe of property depends very 
largely upon its being recorded in the proper inanner, practically a 
full record of property transfers is to be found in these archives. For 
the convemence of this discussion the records relating to the title of 
property have been subdivided into three classes: first. those dealing 
with the acquisition of the original title: second, those relating to the 
transfer and cneunbrance of property: and third, miscellaneous prop- 
erty records. 


ACQUISITION OF ORIGINAL TITLE 


Land Claims. From the historical point of view those records 
Which relate to the original acquisition ef the land are of ereat value 
in showing the beginnines of settlement in a new veeion. Tn those 
parts of the state that were not covered by Spanish and Mexican land 


Siti, Minne Cainps (Ney Yorls, UX8). pp. LO5--104. 
“Proclamation Hf Tune 37. LS 09.9 diowse exeer does, Gist cones ist eG Ne. 4 
ag dade (i 


—. 


52. COUNTY ARCHIVES OF CALIFORNIA. 


erantis this process is shown in the records of claims for pre-emption 
possessory rights, school lands. and swamp and overtlowed: da 
Although the publie lands of California were not open to pre-empt 1 
vender the federal law until 1853, the legislature, as early as April 
Ts00) passed an act recounizing the right to title of any person occu r 
ing or settling upon land belonging to the United States. ‘Sin 
ISS]. the recorder has been required to keep a separate record for t 
ple-enptien or possessory claims. By uimnerous federal enactm 
lands had been ceded to the states for educational and other purp 
Through these. California came to control a very large share of th 
partoof the pubhe domain which lay within its borders. By a 
adopted May 3. 1852, it was provided that the state school lauds sl 


Jands or sehoo! luid surveys. This system of land warrants was fo 
muisatistactary and after TS58 the law was repealed, The state s 
lands were then located end sold by the state agents in a more d 
Tanne” : ; 

Swamp and Overflowed Lands. The swamp and overtfowed 
granted to the state by the aet of September 28, 1550° were first | 
vu sale in 1806, the survey of the land being made hy the county ; 
vever iipen petition of the applicant. The record of this 
ogether with the claim to the land, was filed with the county re 

Spanish Land Grants. In those counties where laud was heidy 
a former Spanish or Mexican title the process of acquiring tit 
naturally very different. The basis of the ¢laim in those cases 
Spanish or Mexican grant. ut. 


deal with these early land grants. In other cases the — ta | 
recorded in the early volimes of deedts. ; 

Patents. All title to land is based primarily upon oe 
the United States government whether the land was sold d 
the individual or through the state Jand office. There is, 
in every recorder’s office a record of patents. This record 4 
each case a brief — of the piece of land topesiion with 


s 


Stats. 1250: a 

*Stats. 1851: _ 

‘Stats, at Fons ¥- 455: IX, 519-520: X, 344-248... Tie: at 
under certain restrictione, in, ee © hands of the atate woverny 

‘Stats. 1852: 41: 72358: 

Stats. at Large. tS, $i9-540: Stata, Ess Age. 


iPS oe), oe ee ee ee eons. 


ae ae 


™——-" 


Pe eee 


roa cilia all 7 


i pera 


—Avater niet posta notice at the paint of 


THE RECORDER. a Pa 


eranting the land deseribed to the patentee. In the case of the old 
Spanish ranchos the patent is usually accompanied by a history of the 
evrant under the Spanish and Mexican regimes. They are invariably 
aveoinpamied also by a map of the rancho. 

Mining Claims. Of a somewhat different nature and yet closely 
related to real estate titles are the mining and water claims, for in 
them the person acquiring title secures only the right to use the land 
for a certain specified purpose. The mining records are by far the 
Inere nimereus and on aceount of the unique position of mining: in 
early California history also the more interesting historically. The 
record of iminine claims usually contains a notice setting forth the 
name of the claim and that of the locator with date. size and deserip- 
tien. In some of the leading mining counties these are entered in 


separate beoks divided as to quartz claims, placer claims, ete. with 


further titles for other kinds of minine records. In the counties Jess 
given to mning the records ave more sinple if they are found at all. 
Speeial attention should be given to the mining district records. 
These ave of ereat historical value, since they show not only the extent 
of territory covered in the early days of mining operations but also the 
ideas these rugged pioneers had of Jaw and government, for each of 
these mining districts was to a large extent a government by itself. The 
miners met, outlined the boundarics of the district. and determined the 


manner in which claims should be acquired and held. Most of these 


1 


district records were kept only by a district recorder and in probably 
a large neajority of cases the records have been lost. Tn some cases the 
moning distriet records, together with filings for claims in such dis- 
tricts. were handled by the county recorder as a part of the county 
reverds. Tn these cases they were recorded in books devoted entirely to 


noning claims or are to be found in Deeds. Miseelhimeous Records, or 


csimilar record beoks. By a law approved March 27. 1897, all mining 


mt 
district recorders and custedians of records of the several mining dis- 


tricts in the state were required to transmit to the county recorder al 


creeo rds of the district, the recorder being considered the legal custedian 


coef such records. As result of this aet many district record books have 


heen depesited with the caunty recorders, bu it is very probable that 


many of these records are still outside of the county archives, 


Water Rights. Records revardiny the appropriation of water 


4 


rights begin with the adoption of the Civil Code in IS72. it being proe- 


vided mn seet To ear of that code that ae Person destipne to appropriate 


“intended diversion, stating his 
Hin toe the water to the amount desired. the purpese for whieh elained 
Mare of intended use. and the means by whieh be intended to 


fogether with a statement of the size of the iHfume oop Pipe. 


54 COUNTY ARCHIVES OF CALIFORNIA, | as - 


Within ten days after posting the notice by the claimant he ritabse pre- 


hy 


sent a copy of the same to be recorded by the recorder of the county 


within which it was posted." This the recorder was required to record 
ina veltme kept for that purpose. Appropriations of water are now | : 
voverned by the act of Ausust 10, 1913, which created the state water 
comission, This act made the process of securing water rights much | 
inere complicated ae there have been relatively few rights recorded 
under its provisions 

Oyster Beds. An act of April 28. 1851, permitted the planting of 4 
Gysters Tn any of the waters of the state below low water mark, if there 
was not already a natural growth of oysters there. Natural oyster beds: a 
were not to be staked off. No one was to be permitted to enter any 
waters marked off as oyster beds, provided these did not impede the | 
free navigation of the streams. There was no requirement that ia, . 
location of these beds be filed with any officials On April 2, 1866, an. am 
wet was approved which pernutted the discoverer of an oyster bed Pee 
ape the same to his own nse and pei Ee bed days eat 


ihe same in ae lees or ananates hie rem if Was “located. eae 
provisions of the ‘se WO acts were etibodied in a new aet passed March | 
30. US74. entithed “*An aet to encour vee the planting and cultivation 
of oysters.” This act permitted any citizen of the United States to fad 
lay down and plant oysters in any of the pubhe waters of the state, 
provided they did not thereby obstruct navigation. The a ee a 
to display a conspicuous sign marking the oyster beds, and to stake 
ef and fence the lands used for this purpose. Full description of th 
hed was then to be filed with the recorder in the county Hs F. 
bed was located. The recorder was then to record the same in Bch 
entitled ** Reeord of Ovster Beds.77'" Sj 


TRANSFER AND ENCUMBRANCE OF TITLE 


Deeds. ‘Vhe transfer of property may be made either by volunta 
eerecinent on the part of the former owner or it may be done by eg , 
process. Those doctments that effeet a permanent transfer of prope iy 
hy aeremnent of the former holder of the title are usually Known 
deeds, conveyvanees for realestate, or bills of sale for personal proper 

By far the most extensive series of volumes to be found in th 
recorder’s offies ix that devoted to the recording of deeds. It Ass 
Crom nearly every standpoint, the most important, and conse que | 
(he one most constantly referred to, Por these reasons greater attenti 
has been given by officials th he deed books and they, togethers 


"iy, Code (1872), 1415, 1427. 
Stats, 1913: 1013 et seg. 

‘Stats, 1851: 448-433, 

Stats. 1965-86 > 748-849. 

WStats. 1873-74 + 940-941, 


~ 


ind 


“a 
; 
eS 
ee THE RECORDER. 5d 


their all-important indexes, are practically without exception in good 
usable condition and well cared for. It is to be noticed that in several 
; counties during the first few vears the different kinds of records were 
not all segregated into separate volumes, but were recorded together 
ma book labeled simply ** Records. ”’ When, finall vy, different books 
-came to be used for different kinds of instruments, these early volumes 
of Records were generally numbered as the first volumes of Deeds, 
since deeds composed the greater part of their contents. The result is 
that many of these carly decd books might more accurately be described 
us Miscellaneous Reeords. At all times the term Deeds has been used 
in a comprehensive seuse to include all wistruments by which title to 
—dand is transferred. In recent years it has become quite customary to 
put deeds of trust into a separate series, and in many counties, par- 
ticularly where the quantity of records is large, it is usual to devote 
certain volumes of the raleal deed series to special kinds of deeds— 
trust, reconveyanee, mining, ete. for which Frequently printed forms 


are tised—and to use form aie nwnbered in the regular series for 
deeds executed by certain land companies doing a large volume of 
lusiness. 


7 Wills and Decrees of Distribution. When transfers are made 

ety the decuments relating to the change in title may be found 
a n the records connected with probate proceedings. In those cases 
B eas the title to real estate the record is kept in the recorder’s 
office in addition to the record of the probate court. Forty of the 


a 

— eaunties have separate velimes entitled “* Wills” or ‘Wills admitted to 
= prohate.~ There is also to he found in the archives of the recorders 
; cari F é : 

of about one-third of the counties a separate record known as Decrees 
4 

4 


of Distribution ov Decrees of Partition containing a copy of probate 
— deerees by which an estate hes been divided among the heirs. In about 
half the counties a separate index is kept for these documents. although 
e the decrees themselves are veeorded m= books devoted to deeds or 
. 


_ muscellancous records. 

The Torrens System. By an act approved March 17. 1897, what is 
_ known as the Torrens system of certification of land titles is provided 
~ for in this state. With the exeeption of a few counties, notably Los 


Angeles, San Diego and San Francisco, land owners have not very 
o erly availed themsclyes of the provisions of this act. The law 
a Saehe es that the recorder of each county be the registrar of titles for 
that eounty. Juand.is brought under the act by the filing with the 
Sof a verified petition to the superior court by the owner of any 
rear interest in such land. This petition must contain detailed 
formation necessary for the establishment of the tithe. The elerk is 
ginnd tooendorse on this petition the exaet time of ts presentation 


eiterat Ina bhek kept for That purpose atid Kiown as the Land 


- 


a6 COUNTY ARCHIVES OF CALIFORNIA. 


Register Docket. This petition is examined by the court and, after a 
proper notice has been given and published, a date is set for a hearing. | 
at which time all interested in the land in question may appear and. be 
heard either for or against the granting of the petition. At the con- | 
clusion of this hearing action is taken by the court. Tf the petition we 
eranted a decree of the court is issued setting forth the fact and | 
including a deseription of the land and a statement of all liens and < 
ineumbrances upon it with particulars of the same. by 

Upon the filhng ef a certified copy of this decree the tepintont ds” 
required to issue in dupheate a certificate of tithe, the original to: he. = 
kept by the registrar and the duplicate given to the owner. The reg- 
istrar must keep a book called Register of Titles, in which he must 
enter all original certificates of title, in the order of their mumbers, Be 
With appropriate blanks for the entry of memorials and notations, | 
Hach certificate with its accompanying blanks shall constitute a sep- | | 
arate folinin of such book. AT instruments, notices and papers required — Fs 
or permitted to be filed in “the offiee of the registrar shall be retained 
end kept in the offiee and removed only upon proper court order, 
Certified copies may, however, be made. When registered land is ae . 
or otherwise transferred, a new certifieate is issued and the old one 
canceled. s 


indexes: (1) A) Property Index, with pages divided into columns f 
entering the section or subdivision, range or block. township or | 


land is registered: (2) a Name Index, divided into columns showing 
e!phabetical order the names of all registered owners and all ot 
persons iaterested in or holding charges against registered land, i 
nature of the interest, deseription of the land, the volume and page o : 
the register in whieh the land is registered. The act requires the use 
of a uniferm system of books, blanks and forms prepared by 1 
atiorney-general, state controller and secretary of state." 

In 1915 this lew was superseded by another imitiated and adopt 
the November election, The new law, which was simply a revision of the 
act of TS87, removed some objectionable features and introduced: 
new features with the eve that the apes is mitch more attraat 


away in large numbers at cases with the requirement for siyieaele 
special inaps in plans of surveys; (2) the provision for a Pop: 
fitte assurance Tuud,? whieh is in effeet state title aS RR TE, for 
pemiatered under the aet,2? a 


“Stats. 1897: dont et seq. 
mStats, 1916: 1932 ef sey, 


ee ee eee 


_— — a -_ Sew oe 


-~ 


THE RECORDER. A) 


Leases and Mortgages. Temporary transfers or encumbrances upon 
property are made by means of leases and mortgages. The nature of 
both of these is so well known that they require no explanation here, 
Practically all the counties lave separate sets of records for each of 
these classes of documents. In the case of morteages there has been an 
increasing tendency to differentiate those relating to real estate from 
chattel or crop mortgages. 

Although mortgages on personal property have been permitted since 
the first session of the state legislature, formerly they were very much 
more limited than at present.1? By subsequent legislation the early 
restrictions placed upon chattel mortgages have gradually been 
removed, By the act of May 11, 1853, certain personal property mort- 
gages were declared to have the same effect as mortgages upon real 
estate. The kinds of personal property specified, however, confined 
the mortgage to possessory claims to public lands. buildings and 


provements upon such lands, quartz claus, and such other personal 


property as was by its structure fixed to the soil." 


On April 20, 7857, an amendment was passed enlarging the list of 
personal property subject to inortgage and since that time many acts 
have been passed with the same purpose in view.'? Upon the adoption 
of the Civil Code in 1872, the Hist was incorporated into the eode with 
some additions, the most important being that relating to growing crops. 
It was also at this time provided that mortgages of personal property 
must be recorded both in the county in which the imortgager resides 
and in the county in whieh the mortgaged property is situated, or to 
which it may be removed. This requirement is still retained in the 
code." In practically all the counties chattel mortgages are given a 
separate set of records. In about a dozen counties crop morigages are 
placed in separate volumes, 

Releases, Satisfactions and Assignments. Releases and satisfac- 
ticns of morteages and leases are usually recorded in a set of volumes 
different from the mortgages and leases themselves: however, upon this 
pent there is no uniformity. About one-half of the counties have a_ 
set for the releases or satisfactions of morteages. while about one-third 
metade both mortgaves and leases in the same record book. 


In practically all of the counties a separate volume is kept for the 


purpose of recording assignments. In general these are entitled assien- 


ments of mortgages and leases. although they frequently inehide assign- 
nents of aeresments and judeinents as well. In 1872 the Political Code 


provided that ai assignment of a mortgage might be recerded, in whieh 


oease the record beeame a notiee to all persons subsequently deriving 


Beye Fe Baa tS eG in rake Sed ir Ew I eae Sede ai ae (tr 


SHUsiMrht ainemtiaent foothe sain, 


BS COUNTY ARCHIVES OF CALIFORNIA, 


tithe from the ussignor? Tn many cases assignments of leas 4 
revorded in the same volume with the assignments of mortBagees 
although frequently separate volumes are used. xe 

The law requires that an index be kept labeled ‘“Assignments 


end when and where recorded, % cong manner another index nee 
be kept in whieh the names of assignees will be placed in the first colun rd al 
and arranged alphabetically.’ ‘a8 

OF somewhat different character ave assignments in bankruptey 
assigninents for benefit of creditors. It is provided in the Civil ( ‘od 
that an assignment for the benefit of erediters must be recorded ar 
an inventory filed with the recorder? a 

(seis brine: In n ww negative manner si records relating: 


owner, should not be subject to Fareed sale on execution or to 
other fund process from a court for debts contracted after the pe 
of the eet Amendments made in 160 extended and aoe 
terms of the orizinal aet.?? 


pandicdeats as any ace conveyances hae aes the transfer of eek 
A separate record was te be provided for these homestead wena 
in sane manner the adh uc of ee or noes 


the applicant, npon a eaine the homestead title, eee have it 
tn the office of the connty recorder in a book to be ealled is 
Homesteads of Single Persons. In ten. counties abandouine 
homesteads are recorded in a separate volume or series of volimes. 
ail other eounties homestend records of all kinds are rovotded 
single series and indexed in the same way. Se 

Tax Sales. Not all transfers of title result from the vo ii 


or assessmenis for ie imiprovements the state or some. 
divisions may seize the property, or for other caltises similar t 
be obtained by private action im the ey Ces 7 


'VCiy, Code, , 3931. 
“Pol Code, 

Civ. Code. ATL 346i; 8463-3465. 
Stats. 1 526. 

; eStats iseD: 89, 312. 


“a Bi f 


THE RECORDER. 99 


The method of enforcing the collection of taxes on real property has 
heen the subject of frequent legislative enactment since the creation 
of the state government in 1850. There is no purpose here to enter 
into a history of the legislation upon the subject. but merely to out- 
line it as briefly as possible, with particular reference to its bearing 
upon the records of the recorder. 

Under the first revenue bill, approved March 30, 7850, it was pro- 
vided that the treasurer should collect the taxes. No publication of a 
delinquent tax list was required, it being merely provided that if the 
taxes on real property were not paid by the required date the property 
should be sold. after notice, by the treasurer. The treasurer was to 
execute a deed of conveyance to the purchaser, acknowledge the same 
and file it in the oftice of the recorder. The property might be 


, redeemed within a year. but if not so redeemed the deed became abso- 
Jute? The following year the sheriff was made ex officio tax collector, 


the provisions for the sale of real property for taxes remaining other- 
wise the same. After the sale the sheriff was required to execute a 
certificate of conveyance to the purchaser and deposit the saine in the 
office of the recorder. After the expiration of a year, if the property 
Was Hot in the meantime redeemed, the sheriff was to make a deed to 
the purchaser? The revenue act of 1852 declared, as had the previous 
ene. that every assessinent is a judgment and has the force of an execu- 
tion against the property and party Hable for taxes. The sheriff was 
reqiured to seize and after notice sell property on which taxes remained 
unpaid. There seems to have been no specific provision made for 
redemption.“? In 1853 the provisicns for sale of real estate for taxes 
were in general the same as in Ts51. but now the sheriff, after the sale, 
was reqtived to execute a certificate of conveyance of sale and deliver a 
certified copy to the purchaser. The recorder. on being paid his legal 
fee was to record this certificate. Six months were allowed for 
redemption and after that period the sheriff was to execute a deed of 
conveyance in fee simple and the sale became absolute.’ This system 
remained in effect anfil T57. when some modifications were made in 
—— se details of the law. In this vear the tax collector was first mentioned 
in the general revenue bill. This vear also for the first time there was a 
requirement of the publication of a delinquent tax list. The procedure 
for sale was the same, but after the sale the tax eollector was required 


ee aa ; a 
to Issue to the purchaser a certifieate in dupheate. The tax collector 
— owas also required to keep a book for the purpose of entering we record 
— of lands sold for taxes. The recorder was required to keep a book 
> a 
rs faeRLe Sy Tathew: EO) Guiry 
185d? tow nt -seg 
. 
‘ I Se. | BE SEK 
es } ie Mae 
iw 
= 
io - 


_ 


60 COUNTY ARCHIVES OF CALIFORNIA. 


sala 9 Wo that of 1 the tax collector. Lf the property was rvteene 
the margin of the fen i no asain wis dnide Ssh SIX months, 
the tax collector was to make, upon demand, a deed which should give a” 
on i one 5 
vilid tithe to the property?" a 
In Us61 a radical departure was made from the former methoded 
enforcing the collection of taxes on real estate. By the revenue la 


of that Ee and by a Piss ceca gale act. 


ing of ce, ne ae recor - or the aetan nour nine many tithes: 
relating to tax suits. Judgments secured in these suits became a Hien 
on all property of the defendants liable to taxation2? This plan, with — 
ininor modifications in detail, continued in foree until the adoption o 
the Political Code in 1872. ‘nara 

The Political Code of IS72 did away with the tax suits which nae. : 
just been amentioned. Tt ee that after the pubheation of | eo 
pecans tax list and notice of sale. whieh notice was required fo 


property minh! be ip ote ethan eee tmonths. Tf se ae 
the recorder was required to note the fact on the certificate and. in the 
record book. 9! the property was net redeemed within twelve mon 


California.** This decd ith ah amen chnetiis in detail, 
tinned in stones nati 1895. 


of land to nee parties ber nou sspaynent of Laxes Wiis, tee 
and if was provided that at the time of the delingnent tax sale U 
whole amount of property assessed and then remaining on the ae delin- 
quent list, should be struck off to the state as the puirehasor, 
proper notations aoe on the assessment list, Laodre«: that Bes 


State, 1857: 325 vd ti 
Stais. 1861 > 418, 
aPol Onde ABihy + 3748 et Bey. 


THE RECORDER. ] 


tax amounts to #300 or more on any plece of property the state ius 
bring suit for collection. Property thus sold to the state might be 
redeemed within five vears or at any time prior to entry or sale of said 
lands under the land laws of the state. and during this five vears it 
eontinued to be assessed as before the sale in the name ef its owner until 
a deed was made to the state. If the property was not redeemed within 
five vears the tay collector was required to make a deed to the property 
to the state. This deed was to be recorded in the tistal manner and 
then forwarded to the state controller. except in the case of state lands 
upon which the fall purchase price of $1.25 had net been paid. In the 
latter case the deed was forwarded to the survevor-general and the 
land was then open to entry and sale in the same manner as other state 
lands, except that the former owner was the preterred purchaser for 
six months." Such lands for which deeds to state had been filed with 
the state controller®’ were then subject to sale at pubhe auction upon 
applieation to the county tax collector and the authorization of the 
state controller, no Ind to be aecepted for a less amount than the agere- 
vate aincunt of all taxes, penalties and costs then against the property. 
includinye costs of sale. Until so disposed of by the state it might still 
be redeemed by the former owner upon makine the proper payments, 
If redeemed in this way after the deed has been made to the state the 
receipts of the treasurer, controller and auditer in connection with the 
transaction might be recorded in the recorder’s office im the book of 
deeds, and then had the effect of a deed of reconvevance.’ An amend- 
ment adopted in 1915 provided that on the day of the delinguent tax 


1 
1 
i 


sale any property which had been sold to the state five vears before and 
not since redeemed should be sold by the tax collector at public auction. 
No bid shall be accepted for a suin less than the amount of taxes, 
penalties and costs for the vear for which the property was sold to the 
state for delinguent taxes. The purchaser then hes thirty days in 
which to redeem all subsequent taxes, penalties and costs remaining a 
charee on delinquent taxes. Tf no sale is made, or the stecessful bidder 
dces not make the redemption as deseribed within thirty days. then the 
property is deeded to the state as previously provided. = 

Liens tor Puovlic Improvements. The methods employed to compel 
pavinent of assessinents imade for publie inprovements are very similar 
i those Used to colleet the regular property taxes, Liens are filed 
against the property until the amounts assessed are paid. These are 
“isiidliv for street Taprovemenis. or throteh irrieation, lighting or 


om 38 ; 
See ALISUE ITS: 


ry we pe ace - 
lh PLN Pa a NIN ‘ = werthed lis & a Be) ce. ‘4 
1 - aoe 
Peis’ Wal 8 Sy ins EE roe ie Sens. NS 
‘st S41 is el fee PUR AE Bee, 
2~ s j So Pte Eyal Soy lS Pak. -¢ ( a he fehl as 


4 


conditions have affected nt An interesting instance of wes 
kind is found in the records regarding squirrel claims or squirrel 
Misanees. Laws on this subject began to appear on the statute books 
early in the history of the state. They were all zien enactments 7 


They were all designed to encourage the destruction of squirrels, aopheres 7 
and other similar pests. oA typical law is that of March 10, 1s74, 
applying te Contra Costa and Alameda counties. Squirrels are declared 
to be a nuisance and it is made the duty of all persons owning land to 
keep it clear of squirrels. Squirrel districts are created and inspectors 
authorized. whese duty it is to destroy the squirrels wherever the land 
owners fail to do so. The eost of such destruction, with certain 
penalties, are made a tien upon the property. and provision is 
for sits to enforce the Hen, The recorder is required to keep a special 
record under the provisions of the law.) Many similar laws | were > 
passed. but all were repealed about TssdQ. or superceded by the uniform: na 
county government aet, which authorized the board of supervisors to 
destroy pests! Special volumes for recording these claims are found 
in Alaimeda. Contra Costa. Santa Barbara, Santa Clara and Stani a é 
comltics, 


Attachments, Liens, Lis Pendens. Sine 1851 the recorder has be 5 
required to keep separate volumes in which to record all notices 6 
attachment vipon real estate, mechanies’ liews or notices of actions, vu 
ally called lis daunaree hin The latter is a notice of tee of action 


nein the names of the parties, the ape ot the action sid a aie ay 
tion of the property affected. In nearly all of the counties the 
requiring distinet reeord beoks lias been followed; in a few they) ave. 
been combined with other reeords, being, however, ae dis Tine 
means of a separate index, x 


Sale’’ within whieh. we was to oak all, sevbifinti of ex of 
estate sald iuder executions or tiider any order made by any 
proceeding. In connection with this, he was required to keep 


™State, 1373— ta: $33, 
“State. 1820: 7, 205, 420% 1883: 208+ Pol. Code gts) 
“Stais, 1961: ee 7282 ‘B28 ; Code of Civ. Proc, § 


* 


‘§ re 
400, 


a 


- 


THE RECORDER. 63 


showing for each entry the name of the plaimtiff, the defendant, the 
purchaser and the date of sale** At the time of the adoption of the 
Political Code in 1872 this provision was incorporated in that part 
setting forth the duties of the recorder, and since then has appeared in 
the various county government acts and is ineladed in the present 
Political Code." 

So far as the existing reeords are econeerned, certificates of sale under 
execution are closely related to certificates of sale for taxes. In some 
counties the two are kept in a common series, in a few cases the com- 
mon series covering only a portion of the record and distinct series 
being used for the balance. Where a distinct series of volumes is used, 
the titles upon the volumes are found to vary, only a few using the 

actual title, “‘Certifieates of Sale Under Exeeution.’” Amone the more 

common variations may be noticed ‘‘ Certificates of Sheriff's Sales’? and 
similar designations. In a munber of counties the record was begun 
eaflier than 1866. Certificates of sale under execution, as also those 
for taxes. are in their effect similar to deeds and it is therefore not 
surprising that in some cases these instruments have been recorded in 
the deed books. In other cases they have found their way into that 
eateh-all, Miscellaneous Records. 

Transcripts of Judgments. \mone the records required to be kept 
by the recorder since the act of 1850 is the Transcript of Judgements, 
where the judgment conveyed or affected the title of real estate. It 
was also specified in the ¢ivil practice act of 1851 and continued in the 
Code of Civil Procedure that a transeript of the original judgement 
docket certified to by the clerk might be filed with the reeorder of any 
other county. From the time ef filing. the judgment becomes a lien 
upon the property of the judement debtor within the county, the same 
as the docketing of the judgement by the clerk had affected the prop- 
erty of the judgement debtor in the first county.* 


MISCELLANEOUS PROPERTY RECORDS 


Maps. No specific law required the recording of maps before the 
act of March 9, 1893. As early as 1850, however, it was set forth as 
one of the duties of the recorder that he was to have the custody of, 
safely keep and preserve all maps. as well as other records deposited 


in his office. Since the title to a piece of property depends very largely 


oupon the description of its location and since this in turn is often given 


in terms of a map or survevor’s notes. the importance of the map or 


— record of survey in its relation to the record of the tithe to the property 


Stats, TSh5—002 Sis. 
- eat ialh Code CPS 02 tony Se he ek ae Pe Ss Bees TNs Soe DA Asteria 
aL Coa ae i eo en am ae 


Tee tse Liat op t2 Code Civ; Progwok ¢74, 


O4 COUNTY ARCHIVES OF CALIFORNIA. a _ 


is apparent. It is but natural, Hevetork that many maps were fled 
tor record before the Law specifically demanded that they be so filed. 
By the act of March 9, 1893, it was provided that whenever any city, ‘ 
town or subdivision of land into lots. or any addition shall be laid out 
in lots for sale the proprietors shall have made an accurate map or plat. ., i. 
thereof, this map to be certified and filed in the ied of the recorder a 
in the county in which the city, town, ete. is situated’ An amending 
wet of March 14. 1907. provided that the recorder shall paste all such | 
maps seenrely daa book of maps. when it shall be deemed to have been | zh 
recorded.’ By an act passed in 1907 it was made the duty of the 
recorder to examine all maps presented for recording, to see whether “ 
they conform to his reesrds and the law. and to refuse to accept all 
naps Which do mot so conform. £ 
An aet of March 16. 1907, to define the duties of and to license er 
survevors, provides that within sixty days after the making of a survey 
bya Heensed surveyor tie must file with the recorder a record ofthe 
survey, nade in **ecod draughtsman-like manner.’ This the recorder : 
is required to paste in a stub hook provided for that purpose: he is: 


5 


also art to kee a an index to such rec aoe ee eats - Re 


surveyors, While this distinetion has been followed in a large nu 
of the counties there is no uniformity in regard to the map recor | 
Tn addition to these iaps there are usually miscellaneous maps 
towns, conmty maps. road surveys. and the like. some of which are 0 
cousiderable listorieal value, -. 
Licensed Surveyors. [3}y an act of Mareh 31. 1891, to aces 
duities of and to license land surveyors, the state surveyor-sendeal 
required to transmit monthly to the recorder of each county a full 
correct ist of all persons Heensed as land surveyors, and it was im 
the duty of the recorder to keep these lists in his office in such a way 
that they quay easily be accessible. An aet of March 16, 1907, co 
tinued in force the provisions of the previous act regarding the f 
of tieenses.’* These lists are kept on file, usually in filing boxes, f1 
ina few cases they are pasted into a book. Ina few counties an 
register is kept. As the lists are all the same and simply ee ‘ 
of the survevor-general’s lists, the record in any partientar co 
of importance onky for local palareace, 


Marks and Brands. The intuence of the great minnber 
engaged in the stock and cattle nastnea and of the wide-ex 


*Stats, 1898: 96, . 
“Stats. 1901: 228-9, . - 
Stata. 1907 : 290-2. 


; : 310. eee 
, “State. 1831: 479; 1907: 210; Deering, Gen. Laws (19154, ABTH: ae eee 


es... HE RECORDER. 6 
— menclosed ratiches is to be seen very clearly in the early legislation of 
the state. and in some of the public records. This is especially to be 
an noticed in the laws regarding the identification of animals, and providing 
. for the recovery of those lost or strayed. 
iM aw By an act of the first legislature it was provided that the owner of 
: horses, mules. cattle, sheep. goats or hogs was to have a mark, brand, 
and cotnter-brand different from that of his neighbors; the mark to be 
* diverent fron any other in the county and the brand in so far as 
q possible to be different from any other within the state. The owner 
. — was to deliver to the recorder of the county a full description of the 
earmark, and present to him for examination his branding iron, a 
rat deseription of which was to be recorded in the office of the recorder. 
= The act was modified sheghtly during the session of 7851, requiring that 
the mark he eut upon a piece of leather and the brand and counter- 
brand be Tarned upon it. This was then to be kept in the offiee of the 
recorder and to be considered as evidence in any court of law.tt No 
canark or brand was to be considered lawful unless recorded. 
Tn order that there right not be confusion regarding the brands of 
adjacent counties it was further provided that after recording a mark 
and brand the recorder was te transmit to the recorders of the adjoin- 
ce ane counties a transeript of each mark and brand recorded. 
AS a sual mile it is safe to say that these provisions have been very 
Pagel adhered to. Frequently the eariy entries are found to have been 
Ba t er erded in Spanish, and in some cases the brand books contain interest- 
a ing specimens of the artistie work of the recorder or his deputies. 


Pa ei 
ea 


- Estrays. Belore 1897 there was no general law velating io estray 
domestic aniiinds. FP < © Were Inany Special acts, whose provisions it is 
not possible here to relate ia detail, although there were soine features 
: whieh were fairly uniform. Beginning with the act of May 1, 1851, 
which applied to about two-thirds of the counties. the recorder was 
required to have an Estray Rook, in which to keep a record regarding 
exivays found in the counts. Provision was made for the recovery of 
“ihese # animals by them owners where the litter were known or where 
the | brands and marks on the animal were ‘ri record i the book of 
rarks and brands!® in 1897 and in 1901 general laws were passed 
“which require that persons taking up estray domestic animals shall file a 
-onatice with deseription, ete. in the office of the recorder. Provision is 
de for the recovery of the animal or animals by their owners and 
vy sale in case the owner is unknown. This law, with some 
detail, is now in force? 


at) 


: : 
Cera eas he: 


3: 1861237 $3 Poel. Gate (iP 183.4 
: meee no ; 

a Scope sy it Oth es S65 GOT s TA geeks beh ee 
S107: 132: 190%: 1060, 1079: 11a 263K Th 
os may be with ne soln’ pons ens a 


66 COUNTY ARCHIVES OF CALIFORNIA. 


The Civil Code provides that the finder of a thing other than 
domestic onimal inst, in case the owner is known, inform hin of th 
fact. Tf the owner is not known the finder must. within five days, file 
an affidavit with the justice of the peace, who will stimmon three 
interested persons to make an appraisement of the thing found. Two 
copies of their report of appraisal and valuation shall be made, one 
vo to the justice of the peace, the other to the finder, whe mst wi h 
five days bave it recorded by the recorder in a book known as | i 
Estray and Lost Property Book. Other sections of the law provide 
the recovery er sale of the thing found.** 

Though most of the counties have one or more volumes wis: id 
estrays, these records do not bulk very large in the aggregate. On 
eight counties have more than one volume for this purpose. and in oe 
ene (Yolo ave there to be found both an Estray Book and an athe 
and Lost Property Book. - 


VITAL STATISTICS 


The records of vital statisties, notwithstanding their great importa 
were during the earlier years very poorly kept. As early as 185] 
statittes required that the recorder keep a reeard of marriage cer 
eates and contracts, but it was not until the act ef April 26, 1858, 
any attempt was ide to keep a record of any other vital statis 
This set provided for the registration of marriages, births, divorces 
deaths. Por this purpose the offiee of state registrar was create 
heing provided that: : 

“THe shall prepare and furnish to the county recorders, Pe 
county siitable blanks and books, prepared according to the 
ing formas: For Marriages—Eutries of the date, locality, 
surname, residence, and age, of the respective parties, the py 
nativity ‘of the sare, when the reesrd was made, together w rT 
name, place of residence, and official station ,of the person 7 
forming the marriage ceremony. For Births — Entries of the € 
and locality of the same, the name, sex, and olor of the child, i 
names, nativity, eolor, and residence of the parents, aud the 
of the record, For Divorocs—Entries of the date of the diva: 
Christian and surnames, and residence of the parties obiaini 

same, title of the court granting the divorcee, and the nam 
party making the application, the grounds upon which the 
was granted, aud the date when the record was made. For 
—atries of the date, and name, sex, age, color, single or 
occupation, nativity, disease, or cause of death, plase of 4 
awd date when the record was made,”’ s 

The recorder was required to enter every resard of nue 

divoree or death, according to instructions received from ¢ 
“trar. <A duplicate of ee reeord was rane: io be seni, 


@Qty, Code, 1865; Stath. 1908: 612. aps 
- \Wtala Wasi chaos abe8: aes Us, : A ge eee 


3 grey te aS ee Seen ee ee 


THE RECORDER. 67 


pevistrar. Tn erder that the records might be turned in to the recorders 
it was made the duty of every person performing a marriage ceremony 
to report it to the reeerder, In similar manner physicians, parents, 
cand keepers of institutions were reqiired to report births: persons 
2 obtaining a divorcee were to report the fact: and the sexton or other 
—persen having charge of burials was to furnish the information for the 
death records. It was further provided that persons entering the record 
of cach of these matters should pay to the recorder a fee of fifty cents; 
while failure to report the fact laid the guilty person Hable to a fine of 
net Jess than ten nor more than one hundred dollars. Unfortunately. 
notwithstanding the explicit provisions of the act and the penalties 
imposed upon persons neglecting to report, the law seems not to have 
hoon taken as seriously as its importance demanded. In most cases the 
— records shaw the statistics for the years 1858, 1859 and probably 1860, 
, Int. after that date few entries appear. 
At the time of the adoption of the Political Code in 1872 the secre- 
2 tary of the state board of health reeommended a sinpler law on the 
* subject of vital statisties, ATL persons performing marriage ceremonies, 
assisting at births, or in attendance upon deceased persons, funerals or 
. inquests, were reqiired to keep a register showing certain specified 
; facts regarding the case. The marriage certificates were to be recorded 
“\ithin thirty days after the marriage, and in the case of births or 
— deaths the entries were to be reported to the recorder at the end of 
; cach quarter, In the case of births and deaths a fee of twenty-five 
— vents a uame was tnposed, the money to be paid primarily by the 
— parents or the person next of kin, Tf no fee was paid the fact was to be 
+ uaa anyway Cpe the money paid by the supervisors of the county. 
smiade the party subject to a fine of fifty 
Was to record the facts regarding births and 
in ee revisters known as ** Register of Births’’ and ‘*Ree- 
oof Deaths. 7 As the result of this legislation many of the local 
Sones aevain were avoused to action: in some cases this resulted in 


PCH ee nF 


is records, but in the majority of counties they were again 


Amendments to the Politieal Code passed in 1905 called for more 
- attention to the matter of vital statistics and as the result the 
trom thet date seem to be practically complete. By this act. 
oy Maret: Ts. 1905. all persons performing marriage ceremonies 
ured io file with a recorder within three days after the 


teoof registry of the marrage in which was to be 


s. the date of the marriage: the sex. age. race. 
Wenes of each of the parties: the mumnber of 
eoommiipation of the parties: the maiden name of the 


S HOT d<3082, Sarge a. 


68 COUNTY ARCHIVES OF CALIFORNIA. 


Pn 


woman if previously married: the names and birthplace of the parents — 
of cach and the maiden name of the mother of each, This data should 
he incorporated by the recorder in his Register of eS the ¥, 
original certificate being then sent to the state registrar | 
In a similar manner physicians cr others in Gina at the bir 
of a child were required within five days to return to the recorder, or a. 
in incorporated cities to the health officer as registrar, a certificate of — 
birth showing the time and place of birth: the name. sex, race and ts 
color of the child: the oceupation and residence of the parents, with 
the maiden name of the mother: and whether or not the child was soe 
in. wedlock. This was to be entered in the Register of Births, after 
which the original certificate was to be sent to the state registrar.” nee 
By the amendments to the codes passed in 1907, it was provided — : 
that the recorder should anake a complete and accurate copy of each 
certificate registered by him upen a forma identical with the original | P 
certificate. to be filed and permanently preserved in his office as the ] 
local record of such marriage or birth.' ou 
More definite rules for the registration of deaths were adopted ins 
a statute approved March ts. 1905. This act gave to the State Burean 
of Vital Statistics the general supervision of the records of death. The 
this they were to be assisted by local registrars. the city clerk or recorder : 
in incorporated cities and towns, and the county recorder in the district 
lying outside of incorporated iunicipalities. No burial permit we 
to be issued until after the retuim of # satisfactory certificate of dea: 
This certifierte must be of standard form recommended by the Uni 
States census office and the Ameriean Public Health Association ; 


deceased. Other items regarding the cause ef death, place of 
ete. are to be supplied by the plwsician and undertaker. The 
registrar is required to make a complete and aceurate copy of 
certificate upon a form identical witu the original certificate, this, 
to be filed in his office as the loeal reeard of such death. The or 
certifieate is then sent on to the state otfiee, In 1907 further a 
ments were made in regard to the registration of deaths, but none 0 
these affected the method or forin of the records as above described.’ 

Although during the earlier vears the records regarding n | 
births and deaths were very poorly kept, the survey of the | 
archives shows that since 1905 these various records have been 


‘Stats. 1906: if4—105. a 

4Stats, 19077 114+ Pol, Code (1915), .$ 3078. 
Stats. 1905: 115-123; 

Stats. 1907:296: Pol. Code (4915), 8 2984, 


; 


Ss ee 


ee ae. ae se Paes 


TY SC Te 


ee ee ee ee ae ee 


THE RECORDER. 69 


excellent shape in nearly all of the counties of the state and for the 
student of sociological questions should furnish invaluable information. 

Burial Permits. In 1889 a provision was inserted in the Political 
Code, requiring that burial permits be filed with the recorder.’ This 
was repealed in 1905.° but in 1913 a section relating to burial permits 
wus again added to the code. and among its provisions is one requiring 
superintendents of cemeteries, boards of health and health officers to 
report weekly to the recorder the names of all persons interred during 
the preceeding week.” In one county (Stanislaus) the recorder, taking 
cognizance of the new provision in 1889, added to the archives of his 
office a volume for recording burial permits. and this record has been 
kept up to date. In no other county has a separate record been kept 
of these permits. 


MISCELLANEOUS RECORDS 


Tn addition to those already deseribed there ave a number of. sets 
of records in the office of the recorder that are not readily capable of 


classification. They have therefore been reserved for consideration 


under the general title of miscellaneous records. As used in this sense, 
the descriptive title imust not be confused with the partieular set of 
records usually knowin as Misecllaneous Records, although both titles 
arise from similar conditions. The Miscellaneous Reeords, sometimes 
called Miscellany or Promiscuous Reeords. contain those documents 
which by their peenliar nature do not naturally belong elsewhere. They 
tnerefore, especially in the volumes for the earlier years, contain a 
vereat deal of interesting and valuable information from the historical 
point of view. 

Agreements. Althougvh not specified as one of the records required 
to be kept in a separate book, about one-half of the counties have a book 
for the recording of werecinents. In the majority of these counties the 
tith: of these records is Negreements, but many use Covenants or Con- 
tracts or a combination of titles. In those counties which do not have 
a separate record of this tithe. iustruments of this character are recorded 


sina volume known as Miseellineous Reeords. The index to the record 


will show at least the names of the contracting parties and the volume 
and page where the docitment may be found. It may also give the date 
and ceneral nature of the document. 

Architects. By an act “to regulate the practice of architecture,” 


> 


approved March 23, 1901, it is provided that an architect, before enter- 
img upon the practice of his profession in this state. must receive a 


a tNG* Pal. Cake FL9157,. & 2684. 


70 COUNTY ARCHIVES OF CALIFORNIA. 


license from the State Board of Architecture. It is futher pee 
that the Heense must be recorded in the offiee of the recorder in cach 
county in which the holder suall practice. A failure to have the— 
license recorded is sufficient cause for revocation of the license.’ The | 
hieense may be revoked for cause, and when so revoked by the State 
Board of Architecture, notice of such revocation is to be sent to the | 
recorder of each county in the state, who shall therenpon mark the- 
certificate “canceled.”? The provisions of this act. with minor amend- 
ments, are now in force.’ Tn several of the counties this record is kept 
in a bound volume: in others, the certificates are merely filed. alten 
with or without an index. 


Banking Records. Banking Assets; Banking Capital. By an ee 
approved April 1. 1876. all corporations or persons doing a. banking 
business were required to publish in Jannary and July of each year 
and also file with the recorder a sworn statement of the amount of cap * 
ital actually paid into such business. Tn like manner all banking | 
houses were required to publish and have recorded a sworn statement : 
showing the actual eondition of the assets and Hahilities. The recorder 
Was to Pee two sets of well -bound ee for the aie of the 


and ait of ‘eo wiae Capitel” This: mee was repealed by an I 
act dated Mareh 26, 1895.40 Sinee these volumes are no longer requ - 
to he kept as current records they have heen. in many counties, releg 
to storerooms, 


Election Expenses. By the provisions of the art to promote 2 tied 
purity of elections, approved February 23, 1883, candidates and ee 
paign committees were required to file itemized statements of thei 

receipts and expenditures. with proper affidavits. In the. vase 
candidates for offices filled by the electors of the state or of poli 
divisions greater than the county. members of the senate and assembl 
representatives in Congress and members of state commissions, 1 
statements were to be filed with the secretary af state. In all of 
cases they were fo he filed in the office of the clerk and were also. 
recorded in the offiee of the recorder and to become a public. ree 
These provisions were retained in the vet of Marelr 19. 1907, ae 
still in foree? 

As a Raurohe of this daw there are in a mae os the soaker? 


election expenses. A large miumber of sich statciannle are alse 
found recorded in Miseelaneons Reeords, | 


. Biats, 199170424. .- 
*Stats, 19012 t44, . “ 
‘Deering, Gen. Lawé £19153: 59 et ség. . 
‘Stats, htt te: Pars 1895 + 77. te 
‘Stats. 1898; 12 of avg, i ToT: ol ea ape O Gen, Laws A918), 


THE RECORDER. 71 


Fee Books. The first veneral law reeardine fee books was that 
ob Apml 1. istd, but before that date there had been passed laws 
requiring the keeping of fee books in certain counties.” The law of 
Ts64 required that every officer authorized by law to receive fees For 
cifielal services should keep a fee book, in which to enter all fees or 
ether compensation received cr to be received by him or his deputies 
eiving the date. name of person paying or to pay. and the nature of 
the service rendered, During January and July of each vear this beok 
was to he filed with the clerk of the supervisors with the sworn state- 
ment of the officer that it was correct.? 

The uniform county government act of Mareh 14. 1583. contained 
a provision that each officer authorized to receive fees under that act 
must keep a fee book, cpen te the pubhe. in which must be entered, at 
onee and in detail, all fees or compensation received by him. On the 
frst Monday of each month he must add up each coliimnn to the first day 
of the qwonth and set down the totals. On the expiration of his term 

foolfiee he must deliver all fee books kept by him to the auditer.® 
she uniform county government acts of March 31. 1891. and March 
24. 1893, incorporated the provisions of both these laws, but the county 
eoverninent aet of April 1. Ts97, ineluded only the provisions of the 
law Of I8s3, and this requirement has been ineorporated in the 
Pelitieal Code as it now stands.” 

The fee book is not a record in the ordinary sense, its fumetion being 
iG check the finanelai operations of the offiee. Ii is therefore only 
tempcrarily useful and is consequently one of the first to be relegated 
te the storersom. These books not infrequently find a more or less 
pelinahent abidine place in the auditor's office, and in a few counties, 
Where ciices are combined. the fee hook of the combined office lay he 
emai in the room devoted to the business of the clerk or anditor. 
An examination will show gaps in the series of fee books in a number 


lentine that many of the volumes have been lost or 


aT rra we Wy ae | a ~ > z - 7 

Newspaper Files. [t will be seen by examination of this report, 
that there are in the various courtheuses of the state a larve unmiber 
GY voliunes oF newspaper files. These have in large part come inte the 


eounivy archives by virtue of several laws pussed by the lesslature 
uripe the @arlier vears ef the state's history. The most important 


Tia ine set or Ave Ss, 1a62, he which it was made the dity of the 


recorder of exen county te subseribe fer from one to three newspap rs 


} 


a ‘ ; . F 
, H -} ] 1 ) (ereaey ~ TA he werk , <4 «ite ; . + 
Pessina Shinde Ath Ser. the PaLiIViIAy . Weert DEES. TA as 

iss . oo Fal FS Shes te 

= f is 

Sos Mists 

ae A = . 1 Ny a ae Ti 1 ‘% Sy yl ee 9 eal A 
eee 


72 COUNTY ARCHIVES OF CALIFORNIA, 


designated by the board of supervisors, These papers were to. Ai 
received and preserved by the recorder, who was to have them bound i Atte 
velunies and kept in his office “for the use of the Courts, when needed, — 

of strangers, and the inhabitants of the county.’’ all ef whom were sa 
speek aucess to them plate office aus ba, of chores, 10 No sneer 


te the Hopes of RN eons prepared jane “he supervision. ‘of 
the Comamicsion for the Revision and Reform of the Law, it is classed 
as one of the aets repealed by the eodes.? “a 
Three other hiws, whose purpose scems to have been inainly politieal 
have required the deposit of newspapers in the county clerk’s office: 
notices. - Pn: Nese 1853. paar dose nae MEGANE acwen 
ada essences the stata in one or ater of ae a tegat notices: 


anges sid these “offic fails were * anea to oe and Bresotin ate samiese: <4 
open to publie inspection." The law was repealed the next Tear ce 
Tt is very doubtful whether its provisions were strictly adhered to while ee 


of the save af ee ¢ dana C sacar were sonae dinoaies there a 
a result of this haw, and it 1s trey that other instances — 


and he was required to have one file hound,“* This law was repeate 
at the next session of the legislature.® (S34 Tn 1870 another law « 

passed which anthorized the governor, secretary of state and attern 
weneral, or any two of them, to select a newspaper published at Sa 
mento to he the official state paper, imo which all state oficial adyer 


charges, re bat and every ae Clerk in ihe State, to be eonlnee 
by him and kept in his office for reference.’ This law also 
repealed at the next session of the legislature,’? but its presence 6 
statute hoaks for two vears is the explanation of the files” 


PStata. 1863 : 141, 
uDavis, John i Index. to Lawes of Californie (48073 B43, 955. 


Stats. 1871-72: 122, . oe ey ae 


Se ge ang 


> 


a aa 


ee ae os oe 
’ 


7 


THE RECORDER. Mo 


Irom the historieal point of view the effeet of these early laws has 
been most fortunate, for im some eases the files to be found in county 
offices are the only ones now in existence. Many of these files are still 
carefully vetamed in the main offices. but in some other instances, 
though still | 
for, beine crowded into storerocms or basements. In some cases it is 


cept as a part of the archives, they are very poorly eared 


Known that files once in the courthouse have been removed by private 
parties. There is no uniformity regarding the particular office within 
which these papers are now located. for though the bulk of them are 
in the recorder’s cfitee. a considerable mumber are with the elerk and 


na few cases some have been found with the auditor. 


Newspapers continued to be deposited in various county offices 
throughout the state leng after all these early laws had gone out of 


“operation, and in some counties files of local newspapers are still being 


reccived, tn part these are no doubt files of the county *‘ official paper,”’ 
as the paper is commonly called in whieh the delinquent tax list is 
published: and part of them are sent in because of the publisher's 
desire to have a tile ef his paper preserved in a safer place than his 
own office. 

By an act approved Mareh 19, 1909. the county board of supervisors 
may authorize the recorder to deposit with any free puble brary 
inaintained at the county seat such newspaper files or portions thereof 
as may be in his custody. Before making the deposit. however. the 
beard must obtain from the trustees of the library an agreement that 
they will properiy preserve these fles and make them accessible to tie 


pubhe.> 


Official Bonds. The act of February 28, 1850, concerning official 
honds of offieers, provided that the official bond of the district attorney 
should he approved by the judee of the distriet court and filed and 
recorded in the office of the elerk in some county of the district desiv- 
nated by the judge. The official bonds of the sheriff, coroner, justice of 
the peace and all other county officers were to be approved by the county 
judge and tiled and reeorded in the office of the recorder. The act 
establishing the recorder’s office, approved April 4. 1850. required that 
official to record in a separate book all commissions aud. official bonds 
required by law to be recorded in his offiee.!’ The Political Code in 
Ts72 provided that untess otherwise prescribed by statute. the official 


bonds of county and township officers must be approved by the county 
Judge. vecorded in the office of the recorder and tiled in the office of the 


elork. The oiffieial bonds must be recorded in a book kept for that 
pirpese entitled “* Reeord of Official Bonds.” An aimendinent in 1873 


ts Lae: erie: Cry sos (15) OS, 
iis emis os lak! 


~ 


aa, 


. and clothe the child and to treat him in a bimane manner?! 


aa a Sole Traders. On April 12, 1552, an aet was approved dite 
qnarried women to transact business in their own names as = ‘ 


14 COUNTY ARCHIVES OF CALIFORNIA, 


provided that the clerk’s bond, after recording, should be filed in 1 
office of the treasurer, A aes: sapsean cae in Tsso substitiited - 


should he pene. Fr bncigs Gravisioris, shins oe are ha 
in the present Politieal Code.2" 


Slavery Papers and Indian Indentures. Althouch slavnees was rt 
forbidden by the state constitution tmaany deeiunents to he rou 
the county archives give abundant proof that this institution did exi it | 
for many years after California became a state. These are usa 
single deciments im ihe form of emancipation or manuinission paper 
Which are recorded in deed books or in the volumes devoted to mis 
Peco apeOnS: ee of this may he se in the mica 


and Suede) 
Tn the archives of Tfumboldt County was found an ateveel i 
bundle of doemments entitled “Tudian Indentures.”” It is proba 
the qiscellanesus records of other counties having a large Indian poy 
lation day also contain siinlar dociments, An act passed April: 
— 1850, provided that any porsen having ebiaimed a ainor Indian thro: 
the POTS ol the parents: or ieee ai wah the wild oe go be 


fifteen ia female. On the other band ‘the. applicant bene: to 


In 1866 the act was amended, action now being taken before ad 
or county judge whe was to issue duplicate copies of the artic 
indenture, cue copy to be filed in the office of the recorder, Thi 
extended the provisions of the former law to inehide not oniy chi liven 
but adults as well if they were. held as age of ek oF 7 


have not pon romances a the protection of un white. por gi 
he 1863 the acts permitting this practice were repealed?* 


be individually responsible fbr all debts incurred. | 
was then to be advertised in some public newspaper of be: ; 


ag $$ O86, 
State. 1366: “408 
eStats 1860; 196-2974 asGen 743, 


*Pol. Code (ist), $8 950, 951; Code aAvmdts, 1EI-TE: 18: sso 4 


we 


ae oye a ae” ell ade api Mails a 


ie 


eee 


TITE RECORDER. i) 


filed with the recorder.’ The following is one of the first entries in 
the Reeord of Scle Traders of Htmboldt County : 
‘Magdalena Stanislowsky Sole Trader 
To all whom it may coneern, Magdalena Stanislowsky wife of 
Gustave Stanislowsky resident within the County of Humboldt 
and State of California hereby declares and makes known that it 
is her intention, and that she intends to carry on, in her own name 
and on her own account within said county and State the business 
of Brewine, and the business of washing and Ironing and that she 
will be individually responsible in her own name for all debts 
eontracted by her on account of her said business, and that the 
amount of capital invested or to be invested in said business does 
not exceed five thousand dollars. 
MAGDALENA STANISLOWSKY 
Attest 
Byron DEMING 
Joun L. WAGNER 
June 28, A D 1859.”’ 
An amendment to this aet was adopted April 8, 1862, by which it 
was required that the applicant present the petition at a session of the 
distriet court and the creditors of the husband were then to be permitted 
io interpose objections to the proposed action. The order of the court, 
entitling the applicant to the privileges ef the act. together with the 
oath of the petitioner, were then to be recorded in a book kept by the 
recorder for that purpose. The court action was subsequently trans- 
ferred to the superior court but ctherwise the provisions of this aet-are 
now imecorporated in the Code of Civil Proeedure.*4 
Special Partnerships. The formation of special partnerships was 
authorized by an act approved Mareh 4. 1870. This aet permitted a 
special partnership for the transaction of any business except banking 
or insurance. Such a partnership was to consist of one or more persons 
ealled general partners and one or more persons called special partners. 


A special partner enjoyed certain specified rights and exemptions, the 


most important being that he was not Hable for the debts of the partner- 
ship beyond the amount of capital contributed to the firm. 

Bach member in the special partnership was required to sign a 
certificate setting forth the name under which the partnership was to 
he condueted: the eeneral nature of the business to be transacted; the 
names of all the partners, with their residences, indicating which were 
eeneral and which special partners; the amount of capital contributed 
hy eaeh special partner to the common stock: and the period for whieh 
the partnership was formed. This certificate was then to be aeknow!l- 
edged by cach of the partners and recorded in a book to be kept for that 
purpose by the recorder of the county in which the principal business 


Sats deo 2 10 Li 2. 
ete Gah LOST Code Give, Proc Toke, SS" 1811-1821. 


76 COUNTY ARCHIVES OF CALIFORNIA. 


of the partnership was to be transacted. It was also to be published 


in aw newspaper of the county, or as near thereto as possible, once a 
week for four successive weeks. Tf the business of the partnership was 
to be conducted in more than one county, certificates should be filed 
for record in each county. 

With the adoption of the Civil Code in Is72 the act of 1870 was 
Incorporated almost as it stood into that code. One new feature, 
however, is to be noted. for in the code it was now provided that the 
certificate of special partnership should not only be recorded by the 
recorder but that i should also be filed with the clerk. In their general 
form the provisions of the aet as first adopted are still to be found in 
the Civil Code of the state.?® 

Stallion Register. [By an act of May 1, 1911, a stallion registration 
board was created with authority to issue Heenses., and it was provided 
that all licenses issued for stallions and jacks must be reeorded by the 
recorder in the county im which the stallion or jack is used. An 
amendment adopted in 1915 did away with the requirement for the 
reeording Of licenses by the recorder.*? 


SStats, 1869-70: 123-12 
eCiv, Code. §§ 2477-2485. 
4tStats, 19912 1306+ 1925 > 1495, 


ee * 5 


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THE SCHOOL AND FISCAL OFFICIALS. 1% 


THE SCHCOL AND FISCAL OFFICIALS 


SUPERINTENDENT OF SCHOOLS 


The office of county superintendent of schools was first mentioned in 
an act approved May 3, 1852, entitled ‘‘An act to establish a system 
of common schools.”* This act, although it defined the duties of the 
superintendent, failed to state how he was to be elected or appointed.’ 
An amendatory act? passed the next year provided that 

The County Assessor of each and every county in the State 
shall be, and he is hereby, constituted the Superimtendent of 
Conunon Schools within and for his county.’”’ 

Although it may appear strange that the assessor should have been 
entrusted with the headship of the county school department, it must 
be remembered that in this eariy period the duties of superintendent 
of schools were few compared with his activities at present and did 
not require the full time of an official; furthermore, a verv large share 
of his duties related to the administration of the school lands which 
included the sixteenth and thirty-sixth sections in each township. 
Under these circumstances the assessor, whose regular duties took him 

over the whole county. was the natural one in whese hands to place 
this work. 

The office of superintendent of schools was made a separate and 
distinct office in 1855. The act provided that a superintendent of 
common schools should be elected in the county at each general election. 
The term of office at that time was fixed at two years.” According to 
the act it was to be his duty: 

“First. To visit each school in the county under his control, per- 
sonally, at least once a year, and to exercise a general supervision 
over the interests of Common Sehools in his county, and give to the 
School Trustees, Marshals and Teachers such aid and counsel as 
may be linportant to the prosperity of the schools, 

Second, To aid the various Scheel Trustees in the examination of 
teachers for pubhe schools, and to see that the examination in all 
cases Is suffimently meid and thorough. : 

Third, To distmibute promptly sueh blank reports, forms, laws 
and instructions, as shall be deposited in his offiee for the use of 
the Sehcol Trustees. Teachers and Marshals. and any other officers 
entitled to receive the same. | 

Fourth, To draw his warrants on the County Preasirer in faver 
of, and deliver the same to. the persons entitled to receive the 
Seni s 


78 COUNTY ARCHIVES OF CALIFORNIA. 


Fifth, To keep on file in dis office the report of the School 
Trustees, Marshals and Teachers. received by him, and to record 
all his official aets as such County Superintendent, in a book to be 
provided for that purpose: and at the close of his official term, to 
deliver to his successor such records and all documents. books and 
papers belonging to his office, and to take his receipts for the same, 
Which shall be filed in the office of the County Treasurer. 

Sixth, To make full report. in writing, annually, on or before 
the twentieth day [of) November, for the school vear ending on 
the last day of October next previous thereto, to the Superintendent 
of Pubbe Tnstruction: such report to include an abstract of all the 
various annual reports of the City Boards of Education, School 
Teachers. Marshals and Teachers, by laws required to be made to 
the County Superimtendent for the preceding school vear.”’ 

In addition to this he was to apportion the school funds among the 
various districts In proportion to the number of white children residing 
therem, 

This list of duties varied from time to time. The Political Code as 
it now stands defines the general duties of the school superintendent 
to be as follows: 

1. To superintend the schools of the county. 

2. To apportion the school moneys to each school distriet cach 
quarter, | 

3. To draw requisitions on county funds for expenses of school 

districts, 

4. To keep open for public inspection a rezister of requisitions 
showing the use of each school fund. 

5. To visit each school in the county at least once annually. 

(To preside over teachers” institutes in the county. 

7. To issue temporary certificates to persons qualified to receive 
thei. 

S. To distribute all laws, reports, circulars, ete.. to school officers. 

G. To keep oon file the reports of the superintendent of public 
instruction. 

10, To keep a record of his official aets and of the proceedings 
of the eounty board of education, 

11. To pass tipen and approve of all plans for building school- 
Houses, ete. da towns not havine city boards of education. 

12. To appoint trustees to fill vacancies, 

IS. Toanake sueh reports upon the eondition of schools as may 
be demanded by the superintendent of public instruction, 


14. To preserve carefully all reports of school officers and 


oo vrade cach school ii the county onee each vear, 


Ie. Toe resonunmend and advise the local boards of edueation im 


reference to receiving federal aid in teaching Indian children, 


Annual Report. One of the tipertant records of the office is the 
annual report to the superintendent of public instruction. This is used 


THE SCHOOL AND FISCAL) OFFICIALS. 79 


tp the erie superintendent in the compilation of his axial report. 
: While a large part of the information may therefore be found in 
oe sone in these a ae there is nevertheless much additional 


Pa Prondauta’ Phares The reports are aa in ee form 
: prepared under the direction of the state superintendent and 
in the nature of their contents according to the ideas of that 
ss Me eenatat they give detailed information regarding the 


- es a eee Costa, Fresno, Marin, San Diego, Sonoma 
-Yolo—these reports begin as early as 1865; in Mendocino, Sacra- 
nto and Santa Clara they date from 1866. In nearly all the offices. 
the exeeption of the early years which are frequently lacking, 
» reports are complete. Usually several years are bound together 
board covers, although in some counties they are filed in their original 
aper Covers, : 
Records of the Board of Education. Since 1880 the superintendent 
the schools of the county has been by virtue of his office the secretary 
the county hoard of education” dle. therefore, has charge of the 
; ds of that board. The most important of these are the minutes 
Salen meetings and the records of examinations of candidates for 
chers’ certificates or diplomas of graduation from the schools of the | 
unty. The minutes of the board are usually known under that title. 
they are also referred to as Records or Proceedings. In several 
ties the aes dates of these records precede the year S80; most of 
| From the date of beginning they 


+ aang The « eranting of teachers’ certifieates is one 
ost Tnportant Pravetions of the county board of education. 
texe are issned either after examination or upon the presentation of 
| required: credentials from properly qualified edueational institue 
Phe record | of this action may be found either ina Record of 
ieates, in whieh entries giving the name, grade of certifeate, date 
ia? and period covered are shown, or in the ce rtifieate form-books, 
Sp fatter are stub-hooks containing the printed certificates, These 
S mks vary according to the grade of certiticates issued, Ree 
spshitivaies are ustially left on file in the superintendent's office 
Lee bs found iiremoyerd from the stub, Tn case of removal — 
¥ the ghee rate is taken owt and given te the teacher 


valite in petuentiinng the meee oe rier : 


+5 


’ 
SU COUNTY ARCHIVES oF CALIFORNIA. 


SiGecak 


School Census Records. Until 1911 the apportionment of i 
funds was made according to the relative number of children of seh Wei. 
ave in each school district.’ To determine this number it was necessary > a 
to take a census once a vear of all children residing within the aistriet 
who were of school age, The records ave the tield notes of the eensts 
marshal, and the census report. The former give the name, age. and 
other information regarding each vhild in the distriet and is neranged 
in the order in which the information was acquired, it is therefore 
usually by families: the latter is an abstract based upon the field notes 
including the names of parents and children, The great value of. th se 
records is readily apparent to anyone who has need of informati 
regarding population or in reference to the personal or fainily history E 
in the community. Unfortunately, the records have usually been c: neg 
sidered of only temporary value. In no case were they found to— 
complete. Since 1911 the apportionment of school funds has been m 
dependent upon actual school attendance rather than school populatic 
with the result that the school census has been discontinued. 


— of Teachers, ehicaaigs since ager ake eupsrinentient 


ae Hei the ei as foe his sae report to the state sur 
tendent, Unfortunately, as a rule these school district reports hh 
not been kept. In some cases, however, they ave still to be found 


ning and development of the school system in the places coneerne a 
Examination Records. Sines one of the ehiel duties of the 


ably a itor hook in which is to be snseribies a report ofall a : 
of the superintendent in the discharge of his official duties. This. 
is to be found in about one-third of the counties. Its valne and. 
tance vary according to the nature of the person holding + 
of superintendent. In most cases ii follows the form of a | 


Siats. 1812: 629; 


THE SCHOOL AND WISGAL OFFICIALS. $1 


journal and hence is called a journal. Alhough many of these books 
are merely perfunctory statements of official business some of them 
are of great interest owing to the fact that they are written in a form 
which gives an insight into the activities of the stuperinendent. 
Financial Records. Records relating to financial matters are to be 
recognized by thei titles as Reeister of Requisitions, Register of 
Warrants. School District Ledger. Stuperintendent’s Ieee Book and 
Teachers” Retirement Fund Record. At the time of the adoption of 
the code in 1872 the superintendent was required to keep a Register of 
Warrants showing the fund upon which the warrant was drawn, Its 
rminber, te whom issued and for what service, fogether with a receipt 
From the person receiving if.” In TS880 this was replaced by the Register 


of Requisitions which is essentially the same record. Tn some counties 
both records are kept. The nature of the School District Ledger is 
evident from its title, for it gives under one heading the financial 
condition of each separate district or fund. The value of these records 


- 


is not confined merely to financial matiers, as may be seen from the use 
made of them of recent years to establish the facts in reference to the 
term of service of puble school teachers, such a record being most 
necessary in connection with claims for the teacher’s retirement fund. 
By an act passed in 1918 teachers are vranted a pension upon retire- 
ment after a specified term of service. The fund for this purpose is 
raised by levving upon the monthly salary of the pubhe school teachers, 
A record of this fund is kept by the superintendent. 


THE FISCAL OFFICIALS 


The fiscal officials—auditor, treasurer, assessor and tax colleetor— 
have under their control a great mass of records relating to the financial 
end of the county government. Not only will the person studying 


gee ge en, ee ey een rrr 


problems of finance find these records useful, but furthermore the 
secker for general historical information is often forced to refer to 
records of this character in order to verify a fact, or transaction, even 
thoneh it be only incidentally related to financial matters. For this 
reason, notwithstanding the faet that they ave only incidentally record. 
keeping officers, they have been included in this guide to county 
-arehives. in ihe belief that the addition of these officers will be ford 


useful to many persons who desire to use the archives, 


3 THE AUDITOR 
Ju all finaneial matters the archives of the auditor are iest tpor- 
Gant. For although the treasurer is custodian of the money and the 


Pie Cele Ce Sipce hy ae el geeky 
e@ouwe Anidts. 2880097. 


F-41210 


Bos COUNTY ARCHIVES OF EALIFORNIA 


seeing fiat pee nudes are oe Ina jee inanner, Tle has. fek ; 
records dealing with all phases of the financial affairs of the eo 
Tn many cases these records duplicate similar ones kept by the treasur 
tax collector or assessor and not infrequently records once used by these 
officers are deposited with the auditor after they have ceased to be | if 
iminediate use to their particular office. For these reasons it has n 


the auditor's office from those of other officers. On account of 
slinilarity of the records these errors, however, are unimportant, 


Assessment Rolls. ‘The assessment rolls usually oceupy the even! 
part of the offiee of the auditor since the law requires that after. 
books have been made ap by the assessor and the taxes gathered 
callector the books shall be viven imto the charge of the anditor. = 
general these are divided into original, duplicate, delinquent and } 
sonal property assessment rolls. These are records covering the 
county, In oddition to these are to be found special books for s 
Salitary, irigation. or lighting distriets, and towns. ~Accompar ny 1 
the assessinent rolls there are ustially one or inere volunes of in 
to the names al Baie daies OWLETS, ; 


sede. of the counties these feiece fiave heen ace fot the first 
oof the organization of the county, Tn the early years the records 
that the assessor took partienlar pains to set down in detail the 
nature of the property as well as its total assessed value. Wher 
“wus done the assessor's rolls partook of the nature of an camnual 
of agriculitral and industrial produets, The published reports o 

siate sueveyor-general before TSs0 give inueh of this data in sta 
tables, but the assessinent rolls are vabuible for distributing the: 
and items ameng the various individual taxpayers, and for t 
are very useful to one who desires to make a detailed stily a 
eounty or eamriunity. Uniortunately, during recent years ‘ 

become the tendeney for ussessors te deserihe the property: 
general terms, giving the total valuation of real estate, in 
‘and personal property. In ths case much loss a 
can be de ca from the assessipent SOLS 


_ the sale of bonds, nd A oy Hat Th: 
Pe on oie a ae i oe 


- > ~ 


“ue scuvor “AND FISCAL OFFICIALS. 3 83. 


PE a, me 


A ret in the Fork of a register, which gives the character and 
den of the ond, name of purchaser, date of maturity, and 


In addition to the register it is, usually. the custom to 


OS: _among aes are eee Sas re Gia cpiaty hospital, saad 2 
— indigents. and ‘the support of orphans and half-orphans. The former 
_ relates to the county hospital as an institution whereas the latter deal 
ile indy idual cases which ave wholly or partially supported by the 
pan state Joins of its sae They frequently contain 


ae oeaid site supervisors ee a eee in general, by the county 

tax collector, The auditor. however, keeps a record of all licenses issued 

and of all funds received from the sale of licenses. In some of the 

ies The license records ave practically complete from carly dates 

w be Found use eful in tracing the development of those lines of 

ness for Which a License has been required. 

Tax Sales and Redemptions. The subject of tax sales and redemp- 

oe dand suld for taxes is too great to be handled here. In the 

ne in bselalion. to ae archives of the rec order the eee was 


- 


nds, Seats aes with the school funds are desma 
ces a5 the rae eee of ag apc es treasurer, and the: 


4. 


res rae Giscaiis has — Paws be sie separate ‘eek 
o1 set of records is a cheek Tp on the others they aust of Neees eed 
very similar. The fact j is that i iM naty cases they are prac tically 
These ree ords velate to esenoul bonds, school district Funds, 
ee mane, a chan nt 


Ht sehoul ERC yy rey, “warrants, ae / 
a similar Date, ah 


of deceased: persons and with thei records relating to the inhe new 


cschools are of a twofold elraracter : Those relating to the asks 1 


S40 COUNTY ARCHIVES OF CALIFORNIA, 


spb ne name of ie claimant, ae amount of the warrant, 


eat ‘of the age Gs. Hie case ate Seteanis are Neste aoe 
paid, in the order of registration, as soon as money is available in| 
fund against which they were issued. In actual practice the 
Register of Warrants and Reeistered Warrants are often used- inc 
criminately, 


THE TREASURER 


in the office of the treasurer. Tor the purpose of keeping a record of 
the transactions of lis office as well as a check upon the different funds a 
belongine to the county, the treasurer lias a number of general recot = 
books ineluding a cash book, day book or journal, and a leds ay - 
unsonas records of this hese have sain mens by. each of ‘he 


om 


reveals the fact that not all of the books lave been PPE: 
of the early volumes have long since become destroved or lost. 


these records for recent years are in danger of being destroved 
time, The ride should be rigidly enforeed that as soon as a volum 
a loose-Jeaf record has become completed it should inunediately be he 
Ina permanent manner and properly labeled. 


Inheritance Tax Records, [ii Is3 the legislature passed: 
establishing a tax on collateral inheritances, bequests, and 
The amount of the tax was determined by the market vale 
estate or fixed by appraisers appointed by the court for that pitepe 
The tax was collected by the county treasurer and the money: 
aeqiuired paid aver to the controller twice a year. The probate dep 
ment of the superior court contains records relating to the. pr ; 


tax. e rein this eourt posits treasurer i is wise aitiaane with a = Be 


treasurer,” 


‘School Funds. ‘The treasurer ‘so records in ictitaee. 10, 


oe 


ee 


wSthie. 1898: 103; 1905: #41, 


THE SCII00OIL AND FISCAL OFFICIALS, SS 


of school funds: and those velatine to the sale of state school lands. 
Under the former heading are to bs ee school district accounts, cash 
books, and ledgers; records relating to the bonding of senool districts ; 
and those concerning the teachers’ annuity and retirement fund, 

State Land Sales. By action of Congress ihe stutes were given 
control over a large part of the public domain. This included the 
sixteenth and thirty-sixth sections in cach township, in addition to 
another 500,000-acre grant. which were set aside as school lands. 
There were also all swamp and overflowed, tide and salt-narsh lands 
Within the state. Sinee payments upon lands sold by the state were 
made through Aire county treasurer the archives of that offieer usually 
contain separate records dealing with the sates of public lands within 
the county. As most of this land was sehool land the record most 
Frequently found is in reference to the sale of school lands. [In addi- 
tion to these, swamp land books ave frequently found. These books 
are often valuable records for anyone making a study of the land 
question or the early settlement of the region, 


THE ASSESSOR 

The ehief function of the office of the assessor has always been io 
determine the value of property subject fo taxation within the county, 
to the end that the taxes of the county imay be equitably distributed 
among the preperty holders. In addition to this task he was, during 
the earlier vears. given other duties which now fall exelusively to other 
officers. As seen in the seetion regarding the duties of the clerk. the 
assessor Wis required to assist in the registration of voters.)! This was 
doubtless due to the fact that las werk throughout the county brought 
him in contact with a very large portion of the population. This was 
an important consideration in the days when roads were few wid peur. 

A qore peculiar funetion was attached to the assessor’s office during 
the years from 1853 to 1855 when he wis made ex-cilieio county super- 


intendent of schools.'= There is so frithe in @xnimion between app raisins 
the value of taxable properiv and supervising the education of children 
that this combination of offices secmms strange, Yet it must be reniem- 
hbered that. during these vears the edueational svstem of the stete wis 
im a vern embryonic stage, there were few sciools fo supervise, while 
oO the ofher hand ereat anonnts of sehoal laids within tire eaintes 
were vet unseld.. No one vow in a Deiter pesitien fo know the loeatien 
and status of the ownership of these lands than S thie conniv ossessor, 

The cuties of the assessor are steh that few records remeaiti in i 
archives. [lis ehief work is to levy assessmionis on properts within the 


LA, Gk Tt NS, 
AON, Seah OA 


SH COUNTY ARCHIVES OF CALIFORNIA. Feit 
eounty, the results being incorporated in ie asaiatinenst ro lls. wh 
after being used by the tax collector. are finally deposited in the: are 
of the auditor. In order to assist him in making proper assess 
the assessor frequently has a number of records which are themse 
oof value to the research worker, = 

Assessment Statements. Statements or affidavits made by pre 
owners in regard fo the ownership and valuation of their pre 
form a darge part of the records of the assessor's office in many: of 
the counties, Tn five counties—Calaveras, Trmboldt, Mendorino, § Wh 
Jouqtin and Yubas-these records date back to the fifties and sixties 
Tn the other counties they are relatively recent, the cartier lists 
heen destroved. The information contained in these stateme 
similar to that of the assessinent rolls. The field notes of the a: 
and deputies serve as a check uevainst these. statements. 

Land Office Returns. One of the methods by which the asses 
keeps informed in refercuce to the changes in ownership of lands 
seouping reports of patents issted by the federal and state land o' 
A record of this character is to be found in about one-third — 
counties, Tt varies in forin between large loose-leaf sheets con fal 
the Hist of laud entries, hand volumes for record under townshi 
serene sa ao carl index system. When wecess can not he had t 1 


‘agai ie the seiiibmentt sed ears o land, 

Poll Tax Records. it-fore the abolition of the poll tax in 
assessor was charged with the duty of collecting this tax. 
tax levied by the state npon each able-bodied man between the 
twenty-one aud sixiy for the benefit of the state school fund. — 
neetion with this was the county road tax levied by the | 
Super iets. The nay af the records relating io these faxes: 


Since the poll tax included all able-bodied men between the a: 
fied, regardiess of Sim Sec or their Hi ae to vote, the, oe 


vakie’ if, as in a few eaten ie hive heen” ace 
years. Together with the regular plat. books: the - a 
frequently has in his archives early town nae amaips of d 


aoe “SCHOOL. AND FISCAL OFFICIALS, 87 


oe See oe Risints un 1 effort is “aie to Pete COPTes of ali maps 


ati 5, 
' 


ay ting to the county or of land surveys within the county. The result 


ected by the assessor. 
system was divided, the county receiving all funds from taxes on 
al property, the state being supported by a tax on corporations. 


ublic corporations outside of Incorporated cities and any other general 
AN bs required liv the state. Tle is also required to collect all county 
nse fees as well as all state licenses except those granted by the 
county clerk. Tn case the tax on property is not paid within the legal 
limits the tax collector is required to sell the property to the state. 
lost of the records of the tax collector consist of cash books, journals, 
balance records, ledgers, veeeipts and other books used by him to keep 
-a check upon the amount of money passing through his hands. From 


eee year is on sg thes tax salector lt is atte is ere : Alpseage 
th the auditor, All taxes which reiain unpaid at the end of the 
ee are recorded in a delinquent roll whieh is kept by the tax 
the tax is paid or the property sold. The subject of 
M1 relemption o of Blut cats ae {axes pee Be fen Considered 


fue: scm ee ae reste it is ree that Pull 
are. bole to de btw in Or are hives. 


financial eas they are of vere, = to the average research 


¥ paces since eines ine fads = apna Pa nea state licenses. 
‘saloons, peddlers, merchants, auctioneers, efe.. are in many eases 
fe and: auiterest since ther giv ean index to the amount and kind 


Petath of the tat, oi 


; Bie ie 


lee of original title, records relat- 

Se he to ole, 

Actions, description 
register of, 24. 


and cliche Ses of 


a Adjacent counties, brands of, 65. 


bet“ Agreements. GO. 

Alameda county. 
~ ¢laims, 62. 

— Alealde, office of. 50; 

a Reh a pres Da: 

Allowance book. 2 

— American ES 


law regarding squirrel 


powers and duties, 


"4846-48 : 


records yte- 


¥ lating thereto, 50. 
= — Anal report to superintendent — of 
ae Sschogls,. 6S,: 19: 


ee aMachitects record of licensed. 69, 
Archive space, economy in, 13. 

i eros study, practical value to reeord 
keeper, 2: to taxpayer, 3, 

2 © Archivists training of, 14. 


lat s 


Bec: Articles of incorporation, 42. 
F axssessnient ‘rolls, 82. 


: orders of ean- 


4 Asse ssessment Rateanetitt, SG 
2G, 


‘eéllation of erroneous assessments, 
> Assessor, duties and records, 85-87. 
Assignments. 47. 58, 
Astle. Phomas. on 
.) einke, hi, 
—Attachinents, 62 
a Adtios, for Nee 
Attorneys. Polk of +20, = 
Auditor, SL Sd: importance of records, 
E ance kta. 3 recards deseribed, S2-S4 
uiking records: assets, capital, TO. - 
alealde, ledger for 1546-47, 
1 Francisco, archives, 50, 
ments. for housing public records. 5. 
ing of records, 11. ig 
s, records. G6-065. register of, 
of education, records, 79. 
Board of supervisors. Nee Supervisors. 
: ~ Bond and surety companies, 42. 


importance of good 


public records, 5. 


in 


erie 


» S2. 83; record of official bonds, 
it. 

nds, and marks, 64-65. 

ildings, fireproof needed for yrblic 


records, 4: conditions in California, +4. 
Hy oe eaereeioe soldiers, sailors and 


permits, iy 
erga fee of clerk per- 


Sania for binding 
Roe é 


reiations rural, 42. 


y: seldom pre- | 


School aud Federal | 


oo INDEX, 


P 

Certification records, record of certificates 
issued to te Senet, TO: 

Claims, land, 51, 52+ pre-emption or pos- 
sessory,- 02? mining, 53: 

Clerk, 15-45: general duties, 15, 16: court 
records, 16-24; supervisors’ records, 
24-290: miscellaneous records, 29-45: 
duties as clerk of board of supervisors, 
2: 

Colored inks, net permanent, 9. 

Commitments for insanity, deseription and 
various titles used, 22. 

Contra Costa county, squirrel claims, 62. 

Copying of records, 11: photographing of 
records, 11-12. 

County court, history and jurisdiction, 17: 
superseded by superior court, ISSO, 17. 

Court reeords, history and organization 
of courts, 16-26 records described, 
20-24, 

Court of sessions. history 
jurisdiction, 18: duties 
April 11; 18AG, 24. 25. 

Courts of first instance. 50; records of, 

Deaths, register of, GT: registration 
state bureau of vital statistics, GS, 

Decrees of distribution or partition, 

Tieeds, 5-4. 5. 

Delegates elected to conventions, 
of Sh. 


184 
of 


of, 
under 


LT; 
law 


v8 oe 
by 


a. 


records 


Dentists, register of, 
Dependents, care of, records concerning 
county hospitals, aged indigents. or- 


phans and half. orphans, 88. 
Pestruction of records, 13. 
Discharge from state hosiptal, 

OL, 20; 

Distriet court. history and jurisdiction of. 


certificates 


16. 17: records required to be kept. 17: 
superseded by superior court in TSSe, 
ats = 
Distribution. wills and decrees of, 55, 
Docket, 21: exeeution doeket, 21: jufe- 
ment docket, 25. 
Pecuments and records, vepair of, TW. 


KE] Dorado county. lost records recovered, 


Bs 
Blection expenses, statement filed Ty 
‘ candidates and committees, TO. 
| Election records, 40; Napa county, 


persons voting and when. 


“Register af 
376-78, aA, 


: provisions ty. aera 
1850, 37: later amendments, 37, 5S; no 


longer preserved, 80; result of canvass 

found in minutes of supervisors, S0efou 

Thiumboldt county, 1853-72, 39. 
Elections, 37-40, 


- 3 } o 


yee 


uo) 


Encunidranece of tithe, transfer and. 54-03. 

Equalization records, 28, 

Erroneous assessinents, orders of cnucel- 
lation ef, 28, 

Estrays, ucts regarding, 65, 60: estray 
hooks, G5: estray and Jost property 
hook, 66, 

Examination records, SO. 

Execution book, 21: execution docket, 21. 

Federal census returns, laws regarding, 
45, 44: preserved in what councies, 44. 

Pee Looks of recorder, 71. 

Victitious uames, provisions of acts. re- 
garding firms under, 45. 

File ov judgment roll. contents in’ civil 
and eriminal cases, 21, 

Fire, danger of in California courthouses, 
4; 

Firms under fietitious names, provisions 
ef acts regarding, 43, 

Viseal officials, S1-S7: auditor, S1-S+: 
treasurer, S4-S5: assessor, S5S-ST: tax 
feollector, ST. 

Fishing Heenses, hunting and, 30. 

Franchise hook, 28, 

Furniture and equipment of public record 
bnildines should be fireproof, &. 

Generel mpi to Sas a Feconier’s, at 

Gold erp, 
ditties . sieatde wh DLS 
eourts of first instance, 51, 

Great register. provided for hy Registry 
Act of 1866. 34: deseription of, 34; 
provisions of Political Code, S72, 35: 
Infer changes, S54, 36; preservation vre- 
qnired, 1903. 36: discontinued jn faver 
of registration affidavits, 1900, 36; 
changes in affidavits, 1912, 36: present 
requirements, G7: value to student of 
“history and seeial science, ST. 

Flealith, records relating to public, 440. 

Homesteads, provisions of acts regarding, 


sce at 


SS: register of homestends of single 
persons, 58: homestend declarations, 


SS; declaration ef abandonment of, 5S. 


Tlorizontal reller shelves recommended, 10, 
Hospitats, records conterning county, 3. 
Tousing of public records, 4-6; fireproof 


buildiags, 4: vaults, 3: stor®roonms, 
basements and attics, 5; office furniture, 
u, 


TWumboldt county: election returns, 1543- 
72, 89% veeord of Tudian indenhores, 
_ G4; sole traders declaration, T5. 
Tivmane offieers, record of, 44, 
Wunting and fishing licenses, 30. 
Importance of archives, I-2. 
Improvements, liens for public, 61. 
‘Incorporation, valhe and description of 
artivles -of, 42. 
Indentures, record of Tndign, 
Inflex to suits, general, 22. 
Indian indentures in Hiumboldt connty 
archives, reeerd of, 74; acts repard- 
ing, 74. % 


Bee Indian, 


INDEX. 


ae records concerning aged 88. 

Inheritance tax records, S4. ee 

Inks and their effeer on the permane 
of a record, 6: Thomas Astle on 
portance of, oO: mb ceaaite 
Sehluttig and Neumann. 6: 
monwealth of Sisskobeeein an 
United States Treasury Tepa tech 
inks used in California archives, St in 


tests, Si colored inks not permanent, 
Tnatests, Ds, ; 
cortifica 


Insanity, commitments, o 
of discharge from state hospitals, 23. 
Insertable-leaf record books, 12: 
plaints regarding in fiseal offices, 13. _ 
Investigations regarding proper oe OL 

Jidement hook, 25, oe 

Judgement docket, 25. =e 

Judgment roll, 21. 

Judgements, transeripts of, G3. 

“Junk.” term often improperly apolied 
semidisearded records, 5. 

Jury tists, 23; 24> jury 
reeord, 24. 

Justice court dockets, 44, 

Juvenile cont records, 1%. 20. 

Land claims, 51, 52. 

Land grant reeords, 2: 
grants, 52. 

Land offies returns, S68, 

Land register docket, kept under | 
system, 55, 50. 

and sales, state, Si: schoel inoue) 
swamp aud overflowed lands, SZ. 

Larkin pavers in Monterey archives, 2). 

Leases and mortgages, acts affectingy, 

Licensed surveyors, Gt, ia 

Licegse record, in auditar’s office, 

Tivenses. lamiing and fishing, 30, 

Liens, G2: liens for publie improv 
61; 

Lime. use of unslacked lime ie 

tuois tue recommended, me 

Tis pendens, 62. 

Tos) Angeles, Spanish asehtrer 
records concerning Amoricaw ca 
50: records relating to Mexican 
in city and county archives, 49. 

Lost records recovered in PEt 
county, 3. 

Maps. recorder must fe, 68: 
189s and 1907 vezarding, wis 
sessor's office, 386, ST. 

Marines, burial of ex-tinion, 27 

Marks and’ brands, G45 acts : 
65; brands of adjacent count 

Mattiage licenses, provisiauy in, 
1872, 40; present requiren 

Marriage and public health, 
clerk relating to, 40; mare ee 

- of recorder, 66-69. ag 

Massachusetts, report of coma 
public records cited, — be. 
standard record: ~_ adept 


9. 


at; 


Cw) 


hook opr ji 


Mrs 


INDEX. 


Materials used in record making, need for 
eave in their selection, 6-10; inks. 6— 
; paper, 9-10; stamp pads, 9; type- 
writer ribbons, 9, 

Medieal certificates, record of, 40, 

Mexican reéeime, collections in archives of 
Los Angeles and San Francisco, 49: 
“Reeord of Offielal Nets of Thomas O. 
Larkin’ in Monterey county archives, 
nO, 

Military rolls and military tax, provisions 
of acts from 1850-63, 30; provisions of 
code of I872,.3 


Mining claims, 55: mining district records, 


ae 
ded, 

Minutes, of the courts, 24+: of the board 
of equalization, 2 of supervisors, 


value to historian, canvass of elee- 
lion returns in supervisors’ minutes, Bf. 

Miscellaneous records: of clerk, 29-45: of 
recorder, GO-T6, 

Moisturs 
lime, 5. 

Monterey. Siu 
Larkin 
Americun conquest, 

Moriga: 

Napa coainiy, 


snd when,” 


in yaulis removed by unslacked 
archives at Salinas, 2; 
2> records concerning 
zit}, 


affecting 


papers, 


qd, Sty 


persons voting 


CSy LCts leases 


“Register of 
LSiO=TR; 


Naturalization, under jurisdiction of dis- 


trict court. 17: under superior court, 
wl? Mivs alfectiny, 51-32: recor’ re- 


qiited by law of 1 


Neero and Indian siavery mentioned, 2, 
He 


savspaper files: in recoerder’s office. act 
of ISG2, Tl: in county elerk’s office, 
laws oF 1893 and ISTO. 72: in public 


OL Le TS. 


eoPrileates 


hoimina- 


liw of 


and 


provisions of 


of 


naners, oy 


tion 


1) revarding record of nominations, 
shen, 

Oiies Paaliare wit equipanent, fireproof | 
needed in qatblie record buildings. 6. 
Offices routine and ceneral ditties of clerk, 

eae ee 
Oiieinl sers Phipas Ov Larkine ih 


eae apy ae) te hes 


Aire 


halt ii 


Orphans and 


48 » 
Cerys Sh, 


ovplans, record 


RE, 
, + 7 P| + e 
(SRI IMS. PECIRTEY «it, 


fH]. 


(vertiowsd Sswrsep, Syl, 22 


LaGAES, 


WP Paes o Nptee.«. Thi: 


Pyare TAR ese, nev lo: Chie: 1 
tig UY oer ad ted lw Massachius z 
} moer ased in tlatifornia archives 
1) 

t 1 yy i *Poess iy ee 

Madey ecrre mt, Has 


4] 


Pharmacists, laws of IS91 and 
garding register of, 41. 42. 
Photography a means 
documents, arguments 
arguments against, 12, 
Poll lists, only official register of 
between IS5O and SHG. 33: 
made by Registry Act of 
abolished by Pol. Code of 

Voll tax records, St. 


Possessory Claims, Nes 


LOS: PR 


of 


in 


as recording 


favor, DS 


eObare 
changes 

S66; 30% 
1872, 


om 
Ld 


Pre-empticn, 

Pre-einption or possessory claims, separate 
record kept since 1851, 52. 

Pre-statehood records, 48-51: records for 
early Spanish period, 48; Mexican ré- 
gime, $9: period of American conquest, 

S46-48, 50: Gold Era, 1849-50, 
nl, 

Primary election law of 1911, 39. 

Private business concerns, pertaining to, 
42. 45. 


Probate 


ae 
Pa Oe 


jurisdiction of district 
court, Li: of county court, 17. 

Probate court, created in 1851. 17; 
tory, jurisdiction. 18; superseded by su- 
perior court in ISSO, 19. 

Prohate records, 16, 17, 19. 

Public health, records 

Public improvements, lien for, 6 

“Necord of Claims Allowed,” 27. 
tecord keepers, practical value of archive 

stvdy to. 2; training of, 14. 

paper, need tor careful 


Cases, 


liis- 


HA, 


“~ 
l 


ce 4 7 
of clerk, 


tecord selection, 
9. 

Recorder, 46-TH: coneril 
pre-stateheoad records, 48-51: records re- 

to property 1 n1-Gis vital 

statisties, Gb-M: miscellaneous records, 


GO-76, 


duties, 40-45; 


lating tiles, 


tleanplions, tax sales and, 
rer of actions, 2+. 


erate 


ov rw eew ee 


PEC rd oe t 


iS 


itegistration, SPeRt 
register, Od avis 
replace ere Wises 
1 Pe- 
eh: 
SGC. fo: 
ay WS at! yee *s 
¥ 1 oak es ie ‘ sPOEN 4} Th, 
PHOTTEES” TObes, we. 
. PROS = Paat PRPS, ae! 
Os At). 
Y nssoriations, 42. 
nf exsiaiinay ae, 
es oF dnd SO Vee 
“eri i for pss, 1G WLS 
titles. ised. Via: Sopne rin A : 
ded hooks, foe 
Salinas, Syaiiah-arebives mt, 2p: Later 
1 pees ees 


92 


San Francisco, Spanish archives at, 2: 
records relating to Mexican régime, £9; 
records concerning American conquest, 
ho: board of supervisors created for 
Sen Francisco county. 25, 

Santa Cruz, Spanish archives at, 2 

Satisfaction, 57. 5S. ie 

Nelinitig and Neumann, investigations in 
regard to inks, G6; formula for iron tan- 
hate inks adopted by Massachuserrs and 
by United States Treasury Depart- 
ment, 7. 

School and fiscal officials, T7-S7T: snper- 
intendent of schools, T7-S1; auditor. 


S1-S4: treasurer, S4-85; assessor, S5- 
S87: tax collector, S7. 

School ceusus records, SO, 

School funds. auditor's office, SO: treas- 
urer’s office, S4, 85. 

Schoo! land warrauts, 52, 

Sessions, court of: history. 17, 18; juris- 
diction, 18, 24. 25. 

Slavery papers. mentioned, 2; where 
Tound, 74 


Soldiers, sailors and marines, burial of 
ex-union, 27. 

Sole traders declarations, 74, 75: sample 
entry, 15. 

Sonoma archives, 

Space required for archives, 
economy in, 158, 

Spanish archives at Los Angeles. Salinas, 
San francisco and Santa Cruz, 2. 

Spanish land grants. 52: mentioned, 

Spanish pericd, importance of records a 

48: in Monterey county archives, 48; 
in San Jose archives, 49, 

Speeial qariverships, To. 

Squirrel claims. 62; in Alameda and 
Contra Costa counties, G2. 

Stallion register, 76. 


records eited, 50, 
need of 


Stamp pads, danger of use on public 
‘ records, '). 
Standard ink, general requirements, 7: 


approved formula, 7. 

Standard record paper, 

Stanislaus county, record of burial per 
mits, GO. 

Siate burean of vital statisties, OS, 

State land sales, $5. 

State registrar of vital statisties, duties of, 


Gu, 7, 
State school land warrants, 52. 
Storerocoms, basements and attics, for 


housing publie records, 5. 

Superintendent ef schools, T7-S1: county 
ae the supeviniendent by act of 
152. > made a separate offices, TS55, 
w43 ee 1838, 77; Pot. Code, aes, 
78; records, 78-81. 


INDEX. . - ee a 


& 

Superior court, organization and | composi- 
tion, 19 a 

Supervisors, board of, created for, ‘county 
of San Francisco, 25; for all counties — 
of the state, 25; powers and —_ 


4: dates OE the ‘clerk, OT: 
1-29). 
Surety companies. boud and, bate i 
Surveyors, licensed. G4... 
Swamp and overflowed lands, 52. . 
Swan. Robert TT... publie record. connie: 
sioner of Massachusetts, investigations 
concerning inks. 7 = 
Tax collector, duties and records, Si4 
Taxpayer, value of archive study to. 3. 


OASH1, 1852. 1858, 1857, 59: of 186: 
Tol. Code 1872, 1895, GO-G1: of 19 
G1. 

Tax sales and redemptions, otey a 
Riapeii sO. a 


im 16. 
Teachers. reports of, SO, 
Title, acquisition of original, - 
transfer and enenmbrance of title, 
68: register under ‘Torrens system. 
‘Torrens system, provisions of law of : 
nn. 5G: changes in law, 1915, 56: 
register docket, 58, O65 regista 
titles, 56, 
Training of arehivisis, 14. ae 
Transeripts on aypeal, 24. = 
Transeripis of judgments. 65. 
Transfer and encumbrance of title, | 
Treasurer, records kept by. = sy 
Trustees, reports of school, 80. 
‘Yypewriter ribbons, 9. 
United States batee wigs Depa ries 
formula adopted ly. 7 ; 
Vaults but little used, oe lizbtad 
ventilated, 4: suggested remedies, 
Vorifeation deputies, 59. , 
Vital statistics, 66-69; duties af. 
registrar, GO: neglect fn keeping 
records, 67: provisions of Pol, ¢ 
1S72, GT: mmendients of 1905 
registration of deaths as prey 
act of 1905. GS; state buread of 
statisties, GS: burial permits, te ; 
Warrant books, 83-84: register 
rants, 88, 84: record of See 
rants, SS, 84. 
Water rights, records of, 58-54, 
Wills and decrees of disiviiertion, 
Yolo county, esttay book and © 
Test akepenes bis no. a) 


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